H.R. No. 5
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That the following are adopted as the permanent rules of
1-3 the House of Representatives of the 74th <73rd> Legislature:
1-4 RULES OF
1-5 THE HOUSE OF REPRESENTATIVES
1-6 OF THE TEXAS LEGISLATURE
1-7 TABLE OF CONTENTS
1-8 RULE
1-9 1. DUTIES AND RIGHTS OF THE SPEAKER ................... 2
1-10 2. EMPLOYEES .......................................... 9
1-11 3. STANDING COMMITTEES ................................ 20
1-12 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES ..... 46
1-13 5. FLOOR PROCEDURE .................................... 86
1-14 6. ORDER OF BUSINESS AND CALENDARS .................... 105
1-15 7. MOTIONS ............................................ 122
1-16 8. BILLS .............................................. 138
1-17 9. JOINT RESOLUTIONS .................................. 152
1-18 10. HOUSE RESOLUTIONS AND<,> CONCURRENT
1-19 RESOLUTIONS<, AND MOTIONS> ....................... 154
1-20 11. AMENDMENTS ......................................... 157
1-21 12. PRINTING ........................................... 164
1-22 13. INTERACTIONS WITH THE GOVERNOR
1-23 AND SENATE ....................................... 168
1-24 14. GENERAL PROVISIONS ................................. 177
2-1 STATEMENT OF AUTHORIZATION AND PRECEDENCE
2-2 Pursuant to and under the authority of Section 11, Article
2-3 III, Texas Constitution, and notwithstanding any provision of
2-4 statute, the House of Representatives adopts the following rules to
2-5 govern its operations and procedures. The provisions of these
2-6 rules shall be deemed the only requirements binding on the House of
2-7 Representatives under Section 11, Article III, Texas Constitution,
2-8 notwithstanding any other requirements expressed in statute.
2-9 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
2-10 CHAPTER A. DUTIES AS PRESIDING OFFICER
2-11 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
2-12 enforce, apply, and interpret the rules of the house in all
2-13 deliberations of the house and shall enforce the legislative rules
2-14 prescribed by the statutes and the Constitution of Texas.
2-15 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
2-16 each calendar day precisely at the hour to which the house
2-17 adjourned or recessed at its last sitting and shall immediately
2-18 call the members to order.
2-19 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker shall
2-20 lay before the house its business in the order indicated by the
2-21 rules and shall receive propositions made by members and put them
2-22 to the house.
2-23 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
2-24 proposed legislation shall be referred by the speaker to an
2-25 appropriate standing or select committee with jurisdiction, subject
2-26 to correction by a majority vote of the house. A bill or
2-27 resolution may not be referred simultaneously to more than one
3-1 committee.
3-2 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
3-3 shall preserve order and decorum. In case of disturbance or
3-4 disorderly conduct in the galleries or in the lobby, the speaker
3-5 may order that these areas be cleared. No signs, placards, or
3-6 other objects of similar nature shall be permitted in the rooms,
3-7 lobby, gallery, and hall of the house. The speaker shall see that
3-8 the members of the house conduct themselves in a civil manner in
3-9 accordance with accepted standards of parliamentary conduct and
3-10 may, when necessary, order the sergeant-at-arms to clear the aisles
3-11 and seat the members of the house so that business may be conducted
3-12 in an orderly manner.
3-13 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written request
3-14 of a member, the speaker may recognize persons in the gallery. The
3-15 speaker shall afford that recognition at a convenient place in the
3-16 order of business, considering the need for order and decorum and
3-17 the need for continuity of debate. The request must be made on a
3-18 form prescribed by the Committee on House Administration. The
3-19 speaker may recognize, at a time he or she considers appropriate
3-20 during floor proceedings, the person serving as physician of the
3-21 day.
3-22 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
3-23 rise to put a question but may state it sitting. The question
3-24 shall be put distinctly in this form: "As many as are in favor
3-25 (here state the question or proposition under consideration), say
3-26 'Aye,'" and after the affirmative vote is expressed, "As many as
3-27 are opposed say 'No.'" If the speaker is in doubt as to the
4-1 result, or if a division is called for, the house shall
4-2 divide: those voting in the affirmative on the question shall
4-3 register "Aye" on the voting machine, and those voting in the
4-4 negative on the question shall register "No." Such votes shall not
4-5 be printed in the journal unless a record vote of yeas and nays is
4-6 ordered in accordance with the rules.
4-7 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The speaker
4-8 shall have the same right as other members to vote. If the
4-9 speaker, or a member temporarily presiding, has not voted, he or
4-10 she may cast the deciding vote at the time such opportunity becomes
4-11 official, whether to make or break a tie. If a verification of the
4-12 vote is called for and granted, the decision of the speaker, or a
4-13 member temporarily presiding, to cast the deciding vote need not be
4-14 made until the verification has been completed. In case of error
4-15 in a vote, if the correction leaves decisive effect to the vote of
4-16 the speaker, or a member temporarily presiding, the deciding vote
4-17 may be cast even though the result has been announced.
4-18 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
4-19 on all questions of order; however, such decisions are subject to
4-20 an appeal to the house made by any 10 members. Pending an appeal,
4-21 the speaker shall call a member to the chair, who shall not have
4-22 the authority to entertain or decide any other matter or
4-23 proposition until the appeal has first been determined by the
4-24 house. The question on appeal is, "Shall the chair be sustained?"
4-25 (b) No member shall speak more than once on an appeal unless
4-26 given leave by a majority of the house. No motion shall be in
4-27 order, pending an appeal, except a motion to adjourn, a motion to
5-1 lay on the table, a motion for the previous question, or a motion
5-2 for a call of the house. Responses to parliamentary inquiries and
5-3 decisions of recognition made by the chair may not be appealed.
5-4 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
5-5 CHAIR. The speaker shall have the right to name any member to
5-6 perform the duties of the chair and may name a member to serve as
5-7 speaker pro tempore by delivering a written order to the chief
5-8 clerk and a copy to the journal clerk. A permanent speaker pro
5-9 tempore shall, in the absence or inability of the speaker, call the
5-10 house to order and perform all other duties of the chair in
5-11 presiding over the deliberations of the house and perform other
5-12 duties and exercise other responsibilities as may be assigned by
5-13 the speaker. If the house is not in session, and a permanent
5-14 speaker pro tempore has not been named, or if the speaker pro
5-15 tempore is not available or for any reason is not able to function,
5-16 the speaker may deliver a written order to the chief clerk, with a
5-17 copy to the journal clerk, naming the member who shall call the
5-18 house to order and preside during the speaker's absence. The
5-19 speaker pro tempore shall serve at the pleasure of the speaker.
5-20 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
5-21 emergency of such compelling nature that the speaker must adjourn
5-22 the house without fixing a date and hour of reconvening, the
5-23 speaker shall have authority to determine the date and hour of
5-24 reconvening and to notify the members of the house by any means the
5-25 speaker considers adequate. Should the speaker be disabled or
5-26 otherwise unable to exercise these emergency powers, the permanent
5-27 speaker pro tempore, if one has been named, shall have authority to
6-1 act. If there is no permanent speaker pro tempore, or if that
6-2 officer is unable to act, authority shall be exercised by the chair
6-3 of the Committee on State Affairs, who shall preside until the
6-4 house can proceed to the selection of a temporary presiding officer
6-5 to function until the speaker or the speaker pro tempore is again
6-6 able to exercise the duties and responsibilities of the office.
6-7 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is not
6-8 in session, if the speaker determines that it would be a hazard to
6-9 the safety of the members, officers, employees, and others
6-10 attending the legislature to reconvene at the time determined by
6-11 the house at its last sitting, the speaker may clear the area of
6-12 the capitol under the control of the house and postpone the
6-13 reconvening of the house for a period of not more than 12 hours.
6-14 On making that determination, the speaker shall order the
6-15 sergeant-at-arms to post an assistant at each first floor entrance
6-16 to the capitol and other places and advise all persons entering of
6-17 the determination and the time set for the house to reconvene. The
6-18 speaker shall also notify the journal clerk and the news media of
6-19 the action, and the action shall be entered in the house journal.
6-20 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
6-21 resolutions, and concurrent resolutions shall be signed by the
6-22 speaker in the presence of the house, as required by the
6-23 constitution; and all writs, warrants, and subpoenas issued by
6-24 order of the house shall be signed by the speaker and attested by
6-25 the chief clerk, or the person acting as chief clerk.
6-26 CHAPTER B. ADMINISTRATIVE DUTIES
6-27 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
7-1 have general control, except as otherwise provided by law, of the
7-2 hall of the house, its lobbies, galleries, corridors, and passages,
7-3 and other rooms in those parts of the capitol assigned to the use
7-4 of the house; except that the hall of the house shall not be used
7-5 for any meeting other than legislative meetings during any regular
7-6 or special session of the legislature unless specifically
7-7 authorized by resolution.
7-8 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The speaker
7-9 shall designate the chair and vice-chair of each standing
7-10 substantive committee and shall also appoint membership of the
7-11 committee, subject to the provisions of Rule 4, Section 2.
7-12 (b) If members of equal seniority request the same
7-13 committee, the speaker shall decide which among them shall be
7-14 assigned to that committee.
7-15 (c) In announcing the membership of the standing substantive
7-16 committees, the speaker shall designate which are appointees and
7-17 which acquire membership by seniority.
7-18 (d) The speaker shall appoint the chair and vice-chair of
7-19 each standing procedural committee and the remaining membership of
7-20 the committee.
7-21 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE COMMITTEES.
7-22 (a) The <Except as otherwise provided by law or by the rules of
7-23 the house or as otherwise specifically directed by the house, the>
7-24 speaker shall appoint all <select committees and all> conference
7-25 committees. The speaker shall name the chair of <each select
7-26 committee and> each conference committee, and may also name the
7-27 vice-chair thereof.
8-1 (b) The speaker may at any time by proclamation create a
8-2 select committee. The speaker shall name the chair and vice-chair
8-3 thereof. A select committee <shall be created by proclamation of
8-4 the speaker and> has the jurisdiction, authority, and duties and
8-5 exists for the period of time specified in the proclamation. A
8-6 select committee has the powers granted by these rules to a
8-7 standing committee except as limited by the proclamation. A copy
8-8 of each proclamation creating a select committee shall be filed
8-9 with the chief clerk.
8-10 Sec. 17. INTERIM STUDIES. When the legislature is not in
8-11 session, the speaker shall have the authority to direct committees
8-12 to make interim studies for such purposes as the speaker may
8-13 designate, and the committees shall meet as often as necessary to
8-14 transact effectively the business assigned to them. The speaker
8-15 shall provide to the chief clerk a copy of interim charges made to
8-16 a standing or select committee.
8-17 RULE 2. EMPLOYEES
8-18 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
8-19 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
8-20 (1) be the custodian of all bills and resolutions;
8-21 (2) number in the order of their filing, with a
8-22 separate sequence for each category, all bills, joint resolutions,
8-23 concurrent resolutions, and house resolutions<, congratulatory
8-24 motions, and memorial motions>;
8-25 (3) provide for the keeping of a complete record of
8-26 introduction and action on all bills and resolutions, including the
8-27 number, author, brief description of the subject matter, committee
9-1 reference, and the time sequence of action taken on all bills and
9-2 resolutions to reflect at all times their status in the legislative
9-3 process;
9-4 (4) on the day of numbering a bill relating to a
9-5 conservation and reclamation district created under Article XVI,
9-6 Section 59, of the Texas Constitution, send two copies of the bill,
9-7 with two copies of the notice of intention to introduce the bill,
9-8 to the governor and notify the journal clerk of the action;
9-9 (5) receive the recommendations of the Texas Natural
9-10 Resource Conservation <Water> Commission on a bill forwarded to the
9-11 commission under Article XVI, Section 59, of the Texas
9-12 Constitution, attach them to the bill to which they apply, and
9-13 notify the journal clerk that the recommendations have been filed;
9-14 (6) <on the day of numbering, or of receiving from the
9-15 senate, a bill creating a conservation and reclamation district
9-16 under the authority of Article XVI, Section 59, of the Texas
9-17 Constitution, forward a copy of the bill to the Texas Water
9-18 Development Board and Texas Water Commission for preparation of a
9-19 water development policy impact statement if one is not already
9-20 attached;>
9-21 <(7)> forward to the committee chair a certified copy
9-22 of each legislative document referred to a committee along with
9-23 certified copies of all official attachments to the document;
9-24 (7) <(8)> have printed and distributed correct copies
9-25 of all legislative documents, as provided in the subchapter on
9-26 printing, and keep an exact record of the date and hour of
9-27 transmittal to the printer, return from the printer, and
10-1 distribution of the document to members of the house with that
10-2 information time-stamped on the originals of the document;
10-3 (8) <(9)> certify the passage of bills and
10-4 resolutions, noting on them the date of passage and the vote by
10-5 which passed, if by record vote;
10-6 (9) <(10)> be responsible for engrossing all house
10-7 bills and resolutions that have passed second reading and those
10-8 that have passed third reading, and for enrolling all house bills
10-9 and resolutions that have passed both houses.
10-10 All engrossed and enrolled documents shall be prepared
10-11 without erasures, interlineations, or additions in the margin.
10-12 House concurrent resolutions passed without amendment
10-13 shall not be engrossed but shall be certified and forwarded
10-14 directly to the senate.
10-15 Engrossed riders may be used in lieu of full
10-16 engrossment on second reading passage;
10-17 (10) <(11)> be authorized to amend the caption to
10-18 conform to the body of each house bill and joint resolution ordered
10-19 engrossed or enrolled <finally passed>;
10-20 (11) <(12)> be responsible for noting on each house
10-21 bill or joint resolution, for certification by the speaker of the
10-22 house, the lieutenant governor, the chief clerk of the house, and
10-23 the secretary of the senate, the following information:
10-24 (A) date of final passage, and the vote on final
10-25 passage, if by record vote, or the notation "Nonrecord Vote," if
10-26 not by record vote. If the bill was amended in the senate, this
10-27 fact shall also be noted;
11-1 (B) date of concurrence by the house in senate
11-2 amendments, and the vote on concurrence, if by record vote, or the
11-3 notation "Nonrecord Vote," if not by record vote;
11-4 (C) date of adoption by each house of a
11-5 conference committee report and the vote on adoption, if by record
11-6 vote, or the notation "Nonrecord Vote," if not by record vote;
11-7 (D) that a bill containing an appropriation was
11-8 passed subject to the provisions of Article III, Section 49a, of
11-9 the Texas Constitution; and
11-10 (E) that a concurrent resolution was adopted by
11-11 both houses directing the correction of an enrolled bill, if
11-12 applicable;
11-13 (12) <(13)> transmit over signature all messages from
11-14 the house to the senate, including typewritten copies of amendments
11-15 to senate bills;
11-16 (13) <(14)> prepare copies of senate amendments to
11-17 house bills for the journal before the amendments and the bill or
11-18 resolution to which they relate are sent to the printer or to the
11-19 speaker;
11-20 (14) <(15)> notify the speaker in writing that the
11-21 senate did not concur in house amendments to a bill or resolution
11-22 and requests a conference committee, and include in this notice the
11-23 names of the senate conferees; and
11-24 (15) <(16)> provide a certified copy of a house bill
11-25 or resolution which may be lost showing each parliamentary step
11-26 taken on the bill.
11-27 (b) The chief clerk shall also:
12-1 (1) attest all writs, warrants and subpoenas issued by
12-2 order of the house;
12-3 (2) provide for issuance of an identification card to
12-4 each member and employee of the house;
12-5 (3) receive reports of select committees and forward
12-6 copies to the speaker and journal clerk;
12-7 (4) not later than 30 days after the close of each
12-8 session, acquire from each of the various clerks of the house,
12-9 except the journal clerk, all reports, records, bills, papers, and
12-10 other documents remaining in their possession and file them with
12-11 the Legislative Reference Library, unless otherwise provided by
12-12 law;
12-13 (5) receive and file all other documents required by
12-14 law or by the rules of the house;
12-15 (6) prepare a roster of members in order of seniority
12-16 showing the number of years of service of each member, as provided
12-17 in Rule 4, Section 2; and
12-18 (7) have printed and distributed the list of Items
12-19 Eligible for Consideration as required by the rules.
12-20 (c) The chief clerk shall also provide for the following to
12-21 be made available on the electronic legislative information system
12-22 at the same time that the corresponding copies are placed in the
12-23 members' newspaper mailboxes:
12-24 (1) all house calendars and lists of items eligible
12-25 for consideration and the time-stamp information for those
12-26 calendars and lists; and
12-27 (2) the time-stamp information for all official
13-1 printings of bills and resolutions.
13-2 (d) The chief clerk shall also:
13-3 (1) maintain duplicate originals of committee minutes
13-4 as required by Rule 4, Sections 18(b) and (c);
13-5 (2) maintain sworn statements from witnesses appearing
13-6 before committees as required by Rule 4, Section 20(c);
13-7 (3) under the direction of the Committee on House
13-8 Administration, prescribe the form of the sworn statements for
13-9 witnesses; and
13-10 (4) as directed by the chair of a committee, post
13-11 committee meeting notices in accordance with the rules.
13-12 Sec. 2. JOURNAL CLERK. The journal clerk shall:
13-13 (1) keep a journal of the proceedings of the house,
13-14 except when the house is acting as a committee of the whole, and
13-15 enter the following:
13-16 (A) the number, author, and caption of every
13-17 bill introduced;
13-18 (B) descriptions of all congratulatory and
13-19 memorial resolutions on committee report, motions, amendments,
13-20 questions of order and decisions on them, messages from the
13-21 governor, and messages from the senate;
13-22 (C) the summaries of congratulatory and memorial
13-23 resolutions <and motions>, as printed on the congratulatory and
13-24 memorial calendar;
13-25 (D) the number of each bill, joint resolution,
13-26 and concurrent resolution signed in the presence of the house;
13-27 (E) a listing of reports made by standing
14-1 committees;
14-2 (F) reports of select committees, when ordered
14-3 by the house;
14-4 (G) every record vote or registration of the
14-5 house with a concise statement of the action and the result;
14-6 (H) the names of all absentees, both excused and
14-7 not excused;
14-8 (I) senate amendments to house bills or
14-9 resolutions, when concurred in by the house;
14-10 (J) the date each bill is transmitted to the
14-11 governor;
14-12 (K) the date recommendations of the Texas
14-13 Natural Resource Conservation <Water> Commission on each bill
14-14 subject to Article XVI, Section 59, of the Texas Constitution, are
14-15 filed with the chief clerk;
14-16 (L) all pairs as a part of a record vote;
14-17 (M) reasons for a vote<, when filed with the
14-18 journal clerk within two hours of the time the vote was taken>;
14-19 (N) the vote of a member on a <record or>
14-20 nonrecord vote, when filed with the journal clerk within 1 hour of
14-21 the time the result of the vote was announced by the chair; <and>
14-22 (O) the statement of a member who was absent
14-23 when a vote was taken indicating how the member would have voted;
14-24 and
14-25 (P) official state documents, reports, and other
14-26 matters, when ordered by the house;
14-27 (2) prepare a daily journal for each calendar day that
15-1 the house is in session and distribute copies to the members of the
15-2 house on the succeeding calendar day or the earliest possible date;
15-3 and
15-4 (3) prepare and have printed a permanent house journal
15-5 of regular and special sessions in accordance with the law and the
15-6 following provisions:
15-7 (A) When completed, no more than 300 copies
15-8 shall be bound and distributed as follows:
15-9 (i) one copy to each member of the house
15-10 of representatives;
15-11 (ii) one copy to each member of the
15-12 senate; and
15-13 (iii) the remainder of the copies to be
15-14 distributed by the Committee on House Administration.
15-15 (B) The journal clerk shall not receive or
15-16 receipt for the permanent house journal until it has been correctly
15-17 published.
15-18 Sec. 3. READING CLERKS. The reading clerks, under the
15-19 supervision of the speaker <journal clerk>, shall:
15-20 (1) call the roll of the house in alphabetical order
15-21 when ordered to do so by the speaker; and
15-22 (2) <open and close the voting machine on
15-23 registrations and record votes as ordered by the speaker;>
15-24 <(3) record votes from the floor as directed by the
15-25 speaker;>
15-26 <(4)> read all bills, resolutions, motions, and other
15-27 matters required by the rules or directed by the speaker<;>
16-1 <(5) prepare official copies of all record votes for
16-2 the journal;>
16-3 <(6) make no additions, subtractions, or other changes
16-4 in any record vote or registration unless specifically granted
16-5 permission by the house or directed by the speaker prior to the
16-6 announcement of the final result; and>
16-7 <(7) lock the voting machine of each member who is
16-8 excused or who is otherwise known to be absent when the house is in
16-9 session, until the member personally requests unlocking the
16-10 machine>.
16-11 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
16-12 (1) under the direction of the speaker, have charge of
16-13 and maintain order in the hall of the house, its lobbies and
16-14 galleries, and all other rooms in the capitol assigned for the use
16-15 of the house of representatives;
16-16 (2) attend the house and the committee of the whole
16-17 during all meetings and maintain order under the direction of the
16-18 speaker or other presiding officer;
16-19 (3) execute the commands of the house and serve the
16-20 writs and processes issued by the authority of the house and
16-21 directed by the speaker;
16-22 (4) supervise assistants to the sergeant-at-arms who
16-23 shall aid in the performance of prescribed duties and have the same
16-24 authority, subject to the control of the speaker;
16-25 (5) clear the floor of the house of all persons not
16-26 entitled to the privileges of the floor at least 30 minutes prior
16-27 to the convening of each session of the house;
17-1 (6) bring in absent members when so directed under a
17-2 call of the house;
17-3 (7) not allow the distribution of any printed matter
17-4 in the hall of the house, other than newspapers that have been
17-5 published at least once a week for a period of one year, unless it
17-6 first has been authorized in writing by at least one member of the
17-7 house and the name of the member appears on the printed matter.
17-8 The sergeant-at-arms shall refuse to accept for distribution any
17-9 printed matter which does not bear the name of the member or
17-10 members authorizing the distribution;
17-11 (8) keep a copy of written authorization and a record
17-12 of the matter distributed in the permanent files of the house;
17-13 (9) enforce parking regulations applicable to areas of
17-14 the capitol complex under the control of the house and supervise
17-15 parking attendants; and
17-16 (10) supervise the doorkeeper.
17-17 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-18 of the sergeant-at-arms, shall:
17-19 (1) enforce strictly the rules of the house relating
17-20 to privileges of the floor and perform other duties as directed by
17-21 the speaker;
17-22 (2) close the main entrance and permit no member to
17-23 leave the house without written permission from the speaker when a
17-24 call of the house or a call of the committee of the whole is
17-25 ordered, take up permission cards as members leave the hall, and
17-26 take up permission cards of those who are admitted to the floor of
17-27 the house under the rules and practice of the house;
18-1 (3) obtain recognition from the speaker and announce a
18-2 messenger from the governor or the senate on arrival at the bar of
18-3 the house; and
18-4 (4) obtain recognition from the speaker and announce
18-5 the arrival of the governor or the senate on arrival at the bar of
18-6 the house for official proceedings in the house.
18-7 Sec. 6. CHAPLAIN. The chaplain shall open the first session
18-8 on each calendar day with a prayer and shall perform such other
18-9 duties as directed by the Committee on House Administration.
18-10 Sec. 7. VOTING CLERK. The voting clerk, under the
18-11 supervision of the speaker, shall:
18-12 (1) open and close the voting machine on registrations
18-13 and record votes as ordered by the speaker;
18-14 (2) record votes from the floor as directed by the
18-15 speaker;
18-16 (3) prepare official copies of all record votes for
18-17 the journal;
18-18 (4) make no additions, subtractions, or other changes
18-19 in any registration or record vote unless specifically granted
18-20 permission by the house or directed by the speaker prior to the
18-21 announcement of the final result; and
18-22 (5) lock the voting machine of each member who is
18-23 excused or who is otherwise known to be absent when the house is in
18-24 session until the member personally requests that the machine be
18-25 unlocked.
18-26 RULE 3. STANDING COMMITTEES
18-27 Sec. 1. AGRICULTURE AND LIVESTOCK <WILDLIFE MANAGEMENT>.
19-1 The committee shall have nine <11> members, with jurisdiction over
19-2 all matters pertaining to:
19-3 (1) agriculture, horticulture, and farm husbandry;
19-4 (2) livestock and stock raising, and the livestock
19-5 industry;
19-6 (3) the development and preservation of forests, and
19-7 the regulation, control, and promotion of the lumber industry; and
19-8 (4) <the creation, operation, and control of state
19-9 parks;>
19-10 <(5) the regulation and control of the propagation and
19-11 preservation of wildlife and fish in the state;>
19-12 <(6) hunting and fishing in the state, and the
19-13 regulation and control thereof;>
19-14 <(7) the development and regulation of the fish and
19-15 oyster industries of the state; and>
19-16 <(8)> the following state agencies: the Department of
19-17 Agriculture, the Texas Animal Health Commission, the State Soil and
19-18 Water Conservation Board, the Texas Forest Service, the Office of
19-19 South Central Interstate Forest Fire Protection Compact, the Office
19-20 of Chief Apiary Inspector, the Texas Agricultural Experiment
19-21 Station, the Texas Agricultural Extension Service, <the Poultry
19-22 Improvement Board,> the Texas Food and <Natural> Fibers <and Food
19-23 Protein> Commission, the State Seed and Plant Board, the State
19-24 Board of Veterinary Medical Examiners, the Texas Veterinary Medical
19-25 Diagnostic Laboratory, <the Dairy Advisory Board,> the Egg
19-26 Marketing Advisory Board, <the Family Farm and Ranch Advisory
19-27 Council,> the Produce Recovery Fund Board, the Texas Structural
20-1 Pest Control Board, and the Texas Animal Damage <Predatory Animal
20-2 and Rodent> Control Service<, the Office of Gulf States Marine
20-3 Fisheries Compact Commissioner for Texas, and the Parks and
20-4 Wildlife Department>.
20-5 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
20-6 members, with jurisdiction over:
20-7 (1) all bills and resolutions appropriating money from
20-8 the state treasury;
20-9 (2) all bills and resolutions containing provisions
20-10 resulting in automatic allocation of funds from the state
20-11 treasury;
20-12 (3) all bills and resolutions diverting funds from the
20-13 state treasury or preventing funds from going in that otherwise
20-14 would be placed in the state treasury; and
20-15 (4) all matters pertaining to claims and accounts
20-16 filed with the legislature against the state unless jurisdiction
20-17 over those bills and resolutions is specifically granted by these
20-18 rules to some other standing committee.
20-19 (b) The appropriations committee may comment upon any bill
20-20 or resolution containing a provision resulting in an automatic
20-21 allocation of funds.
20-22 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
20-23 nine <11> members, with jurisdiction over all matters pertaining
20-24 to:
20-25 (1) industry and manufacturing;
20-26 (2) industrial safety and adequate and safe working
20-27 conditions, and the regulation and control of those conditions;
21-1 (3) hours, wages, collective bargaining, and the
21-2 relationship between employers and employees;
21-3 (4) the regulation of business transactions and
21-4 transactions involving property interests;
21-5 (5) the organization, incorporation, management, and
21-6 regulation of private corporations and professional associations
21-7 and the Uniform Commercial Code and the Limited Partnership Act;
21-8 (6) the protection of consumers, governmental
21-9 regulations incident thereto, the agencies of government authorized
21-10 to regulate such activities, and the role of the government in
21-11 consumer protection; and
21-12 (7) the following state agencies: the Texas Workers'
21-13 Compensation Commission and the Texas Workers' Compensation
21-14 Research Center.
21-15 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
21-16 members, with jurisdiction over:
21-17 (1) the placement of bills and resolutions on
21-18 appropriate calendars, except those within the jurisdiction of the
21-19 Committee on Rules and Resolutions;
21-20 (2) the determination of priorities and proposal of
21-21 rules for floor consideration of such bills and resolutions; and
21-22 (3) all other matters concerning the calendar system
21-23 and the expediting of the business of the house as may be assigned
21-24 by the speaker.
21-25 Sec. 5. CIVIL PRACTICES. The committee shall have nine
21-26 members, with jurisdiction over all matters pertaining to:
21-27 (1) fines and penalties arising under civil laws;
22-1 (2) civil law, including rights, duties, remedies, and
22-2 procedures thereunder;
22-3 (3) civil procedure in the courts of Texas;
22-4 (4) administrative law and the adjudication of rights
22-5 by administrative agencies; and
22-6 (5) permission to sue the state.
22-7 Sec. 6 <5>. CORRECTIONS. The committee shall have nine <11>
22-8 members, with jurisdiction over all matters pertaining to:
22-9 (1) the incarceration and rehabilitation of convicted
22-10 felons;
22-11 (2) the establishment and maintenance of programs that
22-12 provide alternatives to incarceration;
22-13 (3) the commitment and rehabilitation of youths;
22-14 (4) the construction, operation, and management of
22-15 correctional facilities of the state and facilities used for the
22-16 commitment and rehabilitation of youths; and
22-17 (5) the following state agencies: the Texas
22-18 Department of Criminal Justice, the Board of Pardons and Paroles,
22-19 <the Texas Juvenile Probation Commission,> the Texas Youth
22-20 Commission, <the Texas Work Furlough Program Advisory Board, the
22-21 Texas Punishment Standards Commission,> the <Interagency> Council
22-22 on Sex Offender Treatment, the Texas Council on Offenders with
22-23 Mental Impairments, and the Criminal Justice Policy Council.
22-24 Sec. 7 <6>. COUNTY AFFAIRS. The committee shall have nine
22-25 <11> members, with jurisdiction over all matters pertaining to:
22-26 (1) counties, including their organization, creation,
22-27 boundaries, government, and finance and the compensation and duties
23-1 of their officers and employees;
23-2 (2) establishing districts for the election of
23-3 governing bodies of counties;
23-4 (3) regional councils of governments;
23-5 (4) multicounty boards or commissions;
23-6 (5) relationships or contracts between counties;
23-7 (6) other units of local government; and
23-8 (7) the following state agency: the Commission on
23-9 Jail Standards.
23-10 Sec. 8 <7>. CRIMINAL JURISPRUDENCE. The committee shall
23-11 have nine <11> members, with jurisdiction over all matters
23-12 pertaining to:
23-13 (1) criminal law, prohibitions, standards, and
23-14 penalties;
23-15 (2) probation and parole;
23-16 (3) criminal procedure in the courts of Texas;
23-17 (4) revision or amendment of the Penal Code; and
23-18 (5) <fines and penalties arising under civil laws; and>
23-19 <(6)> the following state agencies: the Office of
23-20 State Prosecuting Attorney<,> and the Office of Interstate Parole
23-21 Compact Administrator for Texas<, and the Texas Advisory Council on
23-22 Juvenile Services>.
23-23 Sec. 9 <8>. ECONOMIC DEVELOPMENT. The committee shall have
23-24 nine <11> members, with jurisdiction over all matters pertaining
23-25 to:
23-26 (1) commerce, trade, and manufacturing;
23-27 (2) economic and industrial development;
24-1 (3) job creation and job-training programs;
24-2 (4) hours, wages, collective bargaining, and the
24-3 relationship between employers and employees;
24-4 (5) unemployment compensation, including coverage,
24-5 benefits, taxes, and eligibility;
24-6 (6) boiler inspection and safety standards and
24-7 regulation;
24-8 (7) labor unions and their organization, control,
24-9 management, and administration;
24-10 (8) weights and measures;
24-11 (9) advances in science and technology, including
24-12 telecommunications, electronic technology, and automated data
24-13 processing and the regulation of those industries;
24-14 (10) the promotion of scientific research,
24-15 technological development, and technology transfer in the state;
24-16 (11) matters relating to cooperation of state and
24-17 local governments with the scientific and technological community,
24-18 which includes industry, the universities, and federal governmental
24-19 laboratories; and
24-20 (12) the following state agencies: the Texas
24-21 Department of Commerce, the Texas Employment Commission, the Texas
24-22 Aerospace <Space> Commission, the Council on Workforce and Economic
24-23 Competitiveness, and the Texas National Research Laboratory
24-24 Commission.
24-25 Sec. 10 <9>. ELECTIONS. The committee shall have nine <11>
24-26 members, with jurisdiction over all matters pertaining to:
24-27 (1) the right of suffrage in Texas;
25-1 (2) primary, special, and general elections;
25-2 (3) revision, modification, amendment, or change of
25-3 the Election Code;
25-4 (4) the secretary of state in relation to elections;
25-5 (5) campaign finance; and
25-6 (6) the following state agency: the Office of the
25-7 Secretary of State.
25-8 Sec. 11 <10>. ENERGY RESOURCES. The committee shall have
25-9 nine <11> members, with jurisdiction over all matters pertaining
25-10 to:
25-11 (1) the conservation of the energy resources of
25-12 Texas;
25-13 (2) the production, regulation, transportation, and
25-14 development of oil, gas, and other energy resources;
25-15 (3) mining and the development of mineral deposits
25-16 within the state;
25-17 (4) the leasing and regulation of mineral rights under
25-18 public lands;
25-19 (5) pipelines, pipeline companies, and all others
25-20 operating as common carriers in the state;
25-21 (6) electric utility regulation as it relates to
25-22 energy production and consumption; and
25-23 (7) the following state agencies: the <Texas>
25-24 Railroad Commission of Texas, the Office of Interstate Oil Compact
25-25 Commissioner for Texas, the Office of Interstate Mining Compact
25-26 Commissioner for Texas, the Texas Energy Coordination Council, the
25-27 Texas Committee on Energy Policy, and the Office of Southern States
26-1 Energy Board Member for Texas<, the Veterans' Land Board, the
26-2 School Land Board, and the General Land Office>.
26-3 Sec. 12 <11>. ENVIRONMENTAL REGULATION. The committee shall
26-4 have nine <11> members, with jurisdiction over all matters
26-5 pertaining to:
26-6 (1) air, land, and water pollution, including the
26-7 environmental regulation of industrial development;
26-8 (2) the regulation of waste disposal;
26-9 (3) environmental matters that are regulated by the
26-10 <General Land Office, Texas Air Control Board,> Department of
26-11 <Public> Health<,> or the Texas Natural Resource Conservation
26-12 Commission<, or Texas Water Commission>;
26-13 (4) oversight of the Texas Natural Resource
26-14 Conservation Commission as it relates to environmental regulation;
26-15 and
26-16 (5) the following state agencies: <the Texas Air
26-17 Control Board, the Coastal Conservation Council,> the Pollution
26-18 Prevention Council, the Texas Agriculture Resources Protection
26-19 Authority, the Texas Low-Level Radioactive Waste Disposal Compact
26-20 Commission, and the Texas Low-Level Radioactive Waste Disposal
26-21 Authority.
26-22 Sec. 13 <18>. FINANCIAL INSTITUTIONS <INVESTMENTS AND
26-23 BANKING>. The committee shall have nine <11> members, with
26-24 jurisdiction over all matters pertaining to:
26-25 (1) <benefits or participation in benefits of a public
26-26 retirement system and the financial obligations of a public
26-27 retirement system;>
27-1 <(2)> banking and the state banking system;
27-2 (2) <(3)> savings and loan associations;
27-3 (3) <(4)> credit unions;
27-4 (4) the regulation of state and local bonded
27-5 indebtedness;
27-6 (5) the lending of money; and
27-7 (6) the following state agencies: <the Office of
27-8 Firefighters Pension Commissioner, the State Board of Trustees of
27-9 the Teacher Retirement System, the State Board of Trustees of the
27-10 Employees Retirement System, the Board of Trustees of the Texas
27-11 County and District Retirement System, the Board of Trustees of the
27-12 Texas Municipal Retirement System, the State Pension Review Board,
27-13 the State Securities Board,> The Finance Commission of Texas, the
27-14 Credit Union Commission, the Office of Consumer Credit
27-15 Commissioner, the Office of Banking Commissioner, the State Banking
27-16 Board, the Banking Department of Texas, the Savings and Loan
27-17 Department of Texas, the Texas Treasury Safekeeping Trust Company,
27-18 the Texas Public Finance Authority, the Bond Review Board, the
27-19 State Depository Board, and the Office of the State Treasurer.
27-20 Sec. 14 <12>. GENERAL INVESTIGATING (PROCEDURAL). (a) The
27-21 General Investigating Committee consists of five members of the
27-22 house appointed by the speaker. The speaker shall appoint the
27-23 chair and the vice-chair of the committee.
27-24 (b) The general investigating committee has all the powers
27-25 and duties and shall operate according to the procedures prescribed
27-26 by Subchapter B, Chapter 301, Government Code, and the rules of the
27-27 house, as applicable.
28-1 Sec. 15 <13>. HIGHER EDUCATION. The committee shall have
28-2 nine <11> members, with jurisdiction over all matters pertaining
28-3 to:
28-4 (1) education beyond high school;
28-5 (2) the colleges and universities of the State of
28-6 Texas; and
28-7 (3) the following state agencies: <the Board for
28-8 Lease of University Lands,> the Texas Engineering Experiment
28-9 Station, the Texas Engineering Extension Service, the Texas Higher
28-10 Education Coordinating Board, <Texas University Systems,> the Texas
28-11 Guaranteed Student Loan Corporation, the State <Rural> Medical
28-12 Education Board, and the Texas Transportation Institute.
28-13 Sec. 16 <14>. HOUSE ADMINISTRATION (PROCEDURAL). The
28-14 committee shall have 11 members, with jurisdiction over:
28-15 (1) administrative operation of the house and its
28-16 employees;
28-17 (2) the general house fund, with full control over all
28-18 expenditures from the fund;
28-19 (3) all property, equipment, and supplies obtained by
28-20 the house for its use and the use of its members;
28-21 (4) all office space available for the use of the
28-22 house and its members;
28-23 (5) the assignment of vacant office space, vacant
28-24 parking spaces, and vacant desks on the house floor to members with
28-25 seniority based on cumulative years of service in the house, except
28-26 that the committee may make these assignments based on physical
28-27 disability of a member where it deems proper;
29-1 (6) all admissions to the floor during sessions of the
29-2 house;
29-3 (7) all proposals to invite nonmembers to appear
29-4 before or address the house or a joint session;
29-5 (8) all radio broadcasting and televising, live or
29-6 recorded, of sessions of the house;
29-7 (9) the electronic recording of the proceedings of the
29-8 house of representatives and the custody of the recordings of
29-9 testimony before house committees, with authority to promulgate
29-10 reasonable rules, regulations, and conditions concerning the
29-11 safekeeping, reproducing, transcribing of the recordings, and the
29-12 defraying of costs for transcribing the recordings, subject to
29-13 other provisions of these rules;
29-14 (10) all witnesses appearing before the house or any
29-15 committee thereof in support of or in opposition to any pending
29-16 legislative proposal; and
29-17 (11) the following state agency: the State
29-18 Preservation Board.
29-19 Sec. 17 <15>. HUMAN SERVICES. The committee shall have nine
29-20 <11> members, with jurisdiction over all matters pertaining to:
29-21 (1) welfare and rehabilitation programs and their
29-22 development, administration, and control;
29-23 (2) oversight of the Health and Human Services
29-24 Commission as it relates to the subject matter jurisdiction of this
29-25 committee; and
29-26 (3) the following state agencies: the Texas
29-27 Department on Aging, the Texas State Board of <Council for> Social
30-1 Worker Examiners <Work Certification>, the Texas Committee on
30-2 Purchases of Products and Services of Blind and Severely Disabled
30-3 Persons, the Texas Commission for the Blind, the Texas Commission
30-4 for the Deaf and Hearing Impaired, the Texas Department of Human
30-5 Services, the Department of Protective and Regulatory Services, the
30-6 Texas Rehabilitation Commission, the Children's Trust Fund of Texas
30-7 Council, and the Texas State Board of Examiners of Professional
30-8 Counselors.
30-9 Sec. 18 <16>. INSURANCE. The committee shall have nine <11>
30-10 members, with jurisdiction over all matters pertaining to:
30-11 (1) insurance and the insurance industry;
30-12 (2) all insurance companies and other organizations of
30-13 any type writing or issuing policies of insurance in the State of
30-14 Texas, including their organization, incorporation, management,
30-15 powers, and limitations; and
30-16 (3) the following state agencies: <the State Board of
30-17 Insurance,> the Texas Department of Insurance, the Texas Health
30-18 Benefits Purchasing Cooperative, and the Office of Public Insurance
30-19 Counsel.
30-20 Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
30-21 <11> members, with jurisdiction over all matters pertaining to:
30-22 (1) <civil law, including rights, duties, remedies,
30-23 and procedures thereunder;>
30-24 <(2) civil procedure in the courts of Texas;>
30-25 <(3)> uniform state laws;
30-26 (2) <(4)> creating, changing, or otherwise affecting
30-27 courts of judicial districts of the state;
31-1 (3) <(5)> establishing districts for the election of
31-2 judicial officers;
31-3 (4) <(6)> the State Bar of Texas;
31-4 (5) <(7)> the Texas Judicial Council;
31-5 (6) <(8)> the State Commission on Judicial Conduct;
31-6 (7) <(9)> the Office of the Attorney General,
31-7 including its organization, powers, functions, and
31-8 responsibilities;
31-9 <(10) administrative law and the adjudication of
31-10 rights by administrative agencies;>
31-11 <(11) permission to sue the state;>
31-12 (8) <(12)> courts and court procedures except where
31-13 jurisdiction is specifically granted to some other standing
31-14 committee; and
31-15 (9) <(13)> the following state agencies: the Supreme
31-16 Court, the Courts of Appeals, the Court of Criminal Appeals, the
31-17 State Commission on Judicial Conduct, the Office of Court
31-18 Administration of the Texas Judicial System, the State Law Library,
31-19 the Texas Judicial Council, the Office of the Attorney General, the
31-20 Court Reporters <Reporter's> Certification Board, and the Board of
31-21 Law Examiners.
31-22 Sec. 20. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
31-23 shall have nine members, with jurisdiction over all matters
31-24 pertaining to:
31-25 (1) juvenile delinquency and gang violence;
31-26 (2) criminal law, prohibitions, standards, and
31-27 penalties as applied to juveniles;
32-1 (3) criminal procedure in the courts of Texas as it
32-2 relates to juveniles;
32-3 (4) civil law as it relates to familial relationships,
32-4 including rights, duties, remedies, and procedures thereunder; and
32-5 (5) the following state agencies: the Texas Juvenile
32-6 Probation Commission and the Advisory Council on Juvenile Services.
32-7 Sec. 21. LAND AND RESOURCE MANAGEMENT. The committee shall
32-8 have nine members, with jurisdiction over all matters pertaining
32-9 to:
32-10 (1) the management of public lands;
32-11 (2) the power of eminent domain;
32-12 (3) annexation, zoning, and other governmental
32-13 regulation of land use; and
32-14 (4) the following state agencies: the Veterans' Land
32-15 Board, the School Land Board, the Board for Lease of University
32-16 Lands, the Coastal Coordination Council, and the General Land
32-17 Office.
32-18 Sec. 22 <20>. LICENSING AND ADMINISTRATIVE PROCEDURES. The
32-19 committee shall have nine <11> members, with jurisdiction over all
32-20 matters pertaining to:
32-21 (1) the oversight of businesses, industries, general
32-22 trades, and occupations regulated by this state;
32-23 (2) the regulation of greyhound and horse racing and
32-24 other gaming industries;
32-25 (3) regulation of the sale of intoxicating beverages
32-26 and local option control;
32-27 (4) the Alcoholic Beverage Code; and
33-1 (5) the following state agencies: the Texas
33-2 Department of Licensing and Regulation, the State Office of
33-3 Administrative Hearings, the Texas Board of Architectural
33-4 Examiners, the Texas State Board of Public Accountancy, the Texas
33-5 Real Estate Commission, the Texas State Board of Plumbing
33-6 Examiners, the State Board of Registration for Professional
33-7 Engineers, the Real Estate Research Center, the Texas Board of
33-8 Professional Land Surveying, the Texas Racing Commission, the Texas
33-9 Appraiser Licensing and Certification Board, the Texas Lottery
33-10 Commission, and the Texas Alcoholic Beverage Commission.
33-11 Sec. 23 <21>. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
33-12 committee shall have 11 members, with jurisdiction over:
33-13 (1) the placement on appropriate calendars of bills
33-14 and resolutions that, in the opinion of the committee, are in fact
33-15 local or will be uncontested, and have been recommended as such by
33-16 the standing committee of original jurisdiction; and
33-17 (2) the determination of priorities for floor
33-18 consideration of bills and resolutions except those within the
33-19 jurisdiction of the Committee on Calendars.
33-20 Sec. 24 <22>. NATURAL RESOURCES. The committee shall have
33-21 nine <11> members, with jurisdiction over all matters pertaining
33-22 to:
33-23 (1) the conservation of the natural resources of
33-24 Texas;
33-25 (2) the control and development of land and water and
33-26 land and water resources, including the taking, storing, control,
33-27 and use of all water in the state, and its appropriation and
34-1 allocation;
34-2 (3) irrigation, irrigation companies, and irrigation
34-3 districts, and their incorporation, management, and powers;
34-4 (4) the creation, modification, and regulation of
34-5 water supply districts, water control and improvement districts,
34-6 conservation and reclamation districts, and all similar organs of
34-7 local government dealing with water and water supply;
34-8 (5) oversight of the Texas Natural Resource
34-9 Conservation Commission as it relates to the regulation of water
34-10 resources; and
34-11 (6) the following state agencies: the Office of
34-12 Canadian River Compact Commissioner for Texas, the Office of Pecos
34-13 River Compact Commissioner for Texas, the Office of Red River
34-14 Compact Commissioner for Texas, the Office of Rio Grande Compact
34-15 Commissioner for Texas, the Office of Sabine River Compact
34-16 Administrator for Texas, <the Office of South Central Interstate
34-17 Forest Fire Protection Compact,> the Multi-State Water Resources
34-18 Planning Commission, <the Texas Water Commission,> and the Texas
34-19 Water Development Board.
34-20 Sec. 25. PENSIONS AND INVESTMENTS. The committee shall have
34-21 nine members, with jurisdiction over all matters pertaining to:
34-22 (1) benefits or participation in benefits of a public
34-23 retirement system and the financial obligations of a public
34-24 retirement system;
34-25 (2) the regulation of securities and investments; and
34-26 (3) the following state agencies: the Office of Fire
34-27 Fighters' Pension Commissioner, the State Board of Trustees of the
35-1 Teacher Retirement System, the State Board of Trustees of the
35-2 Employees Retirement System, the Board of Trustees of the Texas
35-3 County and District Retirement System, the Board of Trustees of the
35-4 Texas Municipal Retirement System, the State Pension Review Board,
35-5 and the State Securities Board.
35-6 Sec. 26 <23>. PUBLIC EDUCATION. The committee shall have
35-7 nine <11> members, with jurisdiction over all matters pertaining
35-8 to:
35-9 (1) the public schools and the public school system of
35-10 Texas;
35-11 (2) the state programming of elementary and secondary
35-12 education for the public school system of Texas;
35-13 (3) proposals to create, change, or otherwise alter
35-14 school districts of the state; and
35-15 (4) the following state agencies: <the Advisory
35-16 Council for Technical-Vocational Education,> the State Board of
35-17 Education, the Central Education Agency, the Office of Compact for
35-18 Education Commissioner for Texas, <the State Textbook Committee,>
35-19 the Office of Southern Regional Education Compact Commissioner for
35-20 Texas, <the Teachers' Professional Practices Commission,> the Texas
35-21 School for the Blind and Visually Impaired, and the Texas School
35-22 for the Deaf<, and the Commission on Standards for the Teaching
35-23 Profession>.
35-24 Sec. 27 <24>. PUBLIC HEALTH. The committee shall have nine
35-25 <11> members, with jurisdiction over all matters pertaining to:
35-26 (1) the protection of public health, including
35-27 supervision and control of the practice of medicine and dentistry
36-1 and other allied health services;
36-2 (2) mental health and mental retardation and the
36-3 development of programs incident thereto;
36-4 (3) the prevention and treatment of mental illness and
36-5 mental retardation;
36-6 (4) oversight of the Health and Human Services
36-7 Commission as it relates to the subject matter jurisdiction of this
36-8 committee; and
36-9 (5) the following state agencies: the Texas
36-10 Department of Mental Health and Mental Retardation, the Department
36-11 of <Public> Health, the Board of <Public> Health, the Texas
36-12 Commission on Alcohol and Drug Abuse, the Anatomical Board of the
36-13 State of Texas, the Texas Funeral Service Commission, the State
36-14 Committee <Texas Board> of Examiners in the Fitting and Dispensing
36-15 of Hearing Instruments <Aids>, the Board of Vocational Nurse
36-16 Examiners, the Texas Optometry Board, the Radiation Advisory Board,
36-17 the Texas State Board of Pharmacy, the Board of Nurse Examiners,
36-18 the Texas Board of Nursing Facility <Licensure for Nursing Home>
36-19 Administrators, The Texas Board of Chiropractic Examiners, the
36-20 Texas Board of Physical Therapy Examiners, the Texas State Board of
36-21 Podiatry Examiners, the Texas State Board of Examiners of
36-22 Psychologists, the State Board of Dental Examiners, the Texas State
36-23 Board of Medical Examiners, the Advisory Board of Athletic
36-24 Trainers, <the Dental Care Advisory Committee,> the Dental Hygiene
36-25 Advisory Committee, <the Hospital Advisory Council,> the Hospital
36-26 Licensing Advisory Council, <the Sanitarian Advisory Committee,>
36-27 the State Board of Barber Examiners, the Texas Cosmetology
37-1 Commission, the Interagency Council on Early Childhood Intervention
37-2 Services, the Texas Cancer Council, the State Board of Acupuncture
37-3 Examiners, the Health Professions Council, the Texas Board of
37-4 Occupational Therapy Examiners, the Texas State Board of Examiners
37-5 of Perfusionists, and the Texas Hospital Equipment Financing
37-6 Council.
37-7 Sec. 28 <25>. PUBLIC SAFETY. The committee shall have nine
37-8 <11> members, with jurisdiction over all matters pertaining to:
37-9 (1) public safety and emergency preparedness,
37-10 enforcement, and development;
37-11 (2) the prevention of crime and the apprehension of
37-12 criminals;
37-13 (3) the provision of security services by private
37-14 entities; and
37-15 (4) the following state agencies: the Commission on
37-16 Law Enforcement Officer Standards and Education, the Department of
37-17 Public Safety, the Polygraph Examiners Board, the Texas Board of
37-18 Private Investigators and Private Security Agencies, the Division
37-19 of Emergency Management, the Emergency Management Council, the
37-20 Advisory Commission on State Emergency Communications, and the
37-21 Crime Stoppers Advisory Council.
37-22 Sec. 29 <26>. REDISTRICTING (PROCEDURAL). The committee
37-23 shall have 11 members, with jurisdiction over all matters
37-24 pertaining to:
37-25 (1) legislative districts, both house and senate, and
37-26 any changes or amendments;
37-27 (2) congressional districts, their creation, and any
38-1 changes or amendments;
38-2 (3) establishing districts for the election of
38-3 judicial officers or of governing bodies or representatives of
38-4 political subdivisions or state agencies as required by law; and
38-5 (4) preparations for the redistricting process.
38-6 Sec. 30 <27>. RULES AND RESOLUTIONS (PROCEDURAL). The
38-7 committee shall have 11 members, with jurisdiction over:
38-8 (1) Rules of Procedure of the House of
38-9 Representatives, and all proposed amendments;
38-10 (2) Joint Rules of the House and Senate, and all
38-11 proposed amendments;
38-12 (3) all procedures for expediting the business of the
38-13 house in an orderly and efficient manner;
38-14 (4) all resolutions <or motions> to congratulate,
38-15 memorialize, or name mascots of the house; and
38-16 (5) other matters concerning rules, procedures, and
38-17 operation of the house assigned by the speaker.
38-18 Sec. 31 <28>. STATE AFFAIRS. The committee shall have 15
38-19 members, with jurisdiction over all matters pertaining to:
38-20 (1) questions and matters of state policy;
38-21 (2) the administration of state government;
38-22 (3) the organization, powers, regulation, and
38-23 management of state departments and agencies;
38-24 (4) the operation and regulation of public lands and
38-25 state buildings;
38-26 (5) the organization, regulation, operation, and
38-27 management of state institutions;
39-1 (6) the duties and conduct of officers and employees
39-2 of the state government;
39-3 (7) the duties and conduct of candidates for public
39-4 office and of persons with an interest in influencing public
39-5 policy;
39-6 (8) the various branches of the military service of
39-7 the United States;
39-8 (9) the defense of the state and nation;
39-9 (10) veterans of military and related services;
39-10 (11) the operation of state government and its
39-11 agencies and departments; all of above except where jurisdiction is
39-12 specifically granted to some other standing committee;
39-13 (12) access of the state agencies to scientific and
39-14 technological information; and
39-15 (13) the following state agencies: the Council of
39-16 State Governments, the National Conference of State Legislatures,
39-17 <the Texas Advisory Commission on Intergovernmental Relations,> the
39-18 Commission on Human Rights, <the Texas Public Finance Authority,
39-19 the Bond Review Board, the Board for Lease of Texas Prison Lands,
39-20 the Division of Emergency Management,> the Governor's Office, <the
39-21 Texas Surplus Property Agency,> the General Services Commission,
39-22 the Texas National Guard Armory Board, the Adjutant General's
39-23 Department, the Texas Veterans Commission, the State Aircraft
39-24 Pooling Board, the State Conservatorship Board, <the Emergency
39-25 Management Council,> the Texas <State Employee> Incentive and
39-26 Productivity Commission, <the Productivity Bonus Commission,> the
39-27 Texas Ethics Commission, the Department of Information Resources,
40-1 the Public Utility Commission of Texas, the Office of Public
40-2 Utility Counsel, and the Sunset Advisory Commission.
40-3 Sec. 32 <17>. STATE, FEDERAL, AND INTERNATIONAL <AND
40-4 CULTURAL> RELATIONS. The committee shall have nine <11> members,
40-5 with jurisdiction over all matters pertaining to:
40-6 (1) federal and international commerce and trade;
40-7 (2) the relations between the State of Texas and the
40-8 federal government;
40-9 (3) the relations between the State of Texas and other
40-10 sovereign states of the United States;
40-11 (4) the relations between the State of Texas and other
40-12 nations;
40-13 (5) international trade, economic development, tourist
40-14 development, and goodwill;
40-15 (6) cultural resources and their promotion,
40-16 development, and regulation;
40-17 (7) historical resources and their promotion,
40-18 development, and regulation;
40-19 (8) promotion and development of Texas' image and
40-20 heritage;
40-21 (9) preservation and protection of Texas' shrines,
40-22 monuments, and memorials;
40-23 (10) interstate tourist promotion and development; and
40-24 (11) the following state agencies: the Office of
40-25 State-Federal Relations, the Antiquities Committee, the Texas
40-26 Commission on the Arts, <the Texas Historical Resources Development
40-27 Council,> the Texas State Library and Archives Commission, the
41-1 Texas Historical Commission, and the San Jacinto Historical
41-2 Advisory Board.
41-3 Sec. 33. STATE RECREATIONAL RESOURCES. The committee shall
41-4 have nine members, with jurisdiction over:
41-5 (1) the creation, operation, and control of state
41-6 parks;
41-7 (2) the regulation and control of the propagation and
41-8 preservation of wildlife and fish in the state;
41-9 (3) the development and regulation of the fish and
41-10 oyster industries of the state;
41-11 (4) hunting and fishing in the state, and the
41-12 regulation and control thereof;
41-13 (5) the regulation of other recreational activities;
41-14 and
41-15 (6) the following state agencies: the Office of Gulf
41-16 States Marine Fisheries Compact Commissioner for Texas and the
41-17 Parks and Wildlife Department.
41-18 Sec. 34 <29>. TRANSPORTATION. The committee shall have nine
41-19 <11> members, with jurisdiction over all matters pertaining to:
41-20 (1) commercial motor vehicles, both bus and truck, and
41-21 their control, regulation, licensing, and operation;
41-22 (2) the Texas highway system, including all roads,
41-23 bridges, and ferries constituting a part of the system;
41-24 (3) the licensing of private passenger vehicles to
41-25 operate on the roads and highways of the state;
41-26 (4) the regulation and control of traffic on the
41-27 public highways of the State of Texas;
42-1 (5) railroads, street railway lines, interurban
42-2 railway lines, steamship companies, and express companies;
42-3 (6) airports, air traffic, airlines, and other
42-4 organizations engaged in transportation by means of aerial flight;
42-5 (7) water transportation in the State of Texas, and
42-6 the rivers, harbors, and related facilities used in water
42-7 transportation and the agencies of government exercising
42-8 supervision and control thereover; and
42-9 (8) the following state agencies: the Texas
42-10 Department of Transportation, the Texas Transportation Commission,
42-11 the Texas High-Speed Rail Authority, and the Texas Turnpike
42-12 Authority.
42-13 Sec. 35 <30>. URBAN AFFAIRS. The committee shall have nine
42-14 <11> members, with jurisdiction over all matters pertaining to:
42-15 (1) cities, municipalities, and town corporations,
42-16 including their creation, organization, powers, government, and
42-17 finance, and the compensation and duties of their officers and
42-18 employees;
42-19 (2) home-rule cities, their relationship to the state,
42-20 and their powers, authority, and limitations;
42-21 (3) the creation or change of metropolitan areas and
42-22 the form of government under which those areas operate;
42-23 (4) the regulation of metropolitan transit;
42-24 (5) problems and issues particularly affecting
42-25 metropolitan areas of the state;
42-26 (6) other units of local government not otherwise
42-27 assigned by these rules to other standing committees;
43-1 (7) establishing districts for the election of
43-2 governing bodies of cities; and
43-3 (8) the following state agencies: the Texas
43-4 Department of Housing and Community Affairs and the Texas
43-5 Commission on Fire Protection.
43-6 Sec. 36 <31>. WAYS AND MEANS. The committee shall have 11
43-7 members, with jurisdiction over:
43-8 (1) all bills and resolutions proposing to raise
43-9 revenue;
43-10 (2) all bills or resolutions proposing to levy taxes
43-11 or other fees;
43-12 (3) all proposals to modify, amend, or change any
43-13 existing tax or revenue statute;
43-14 (4) all proposals to regulate the manner of collection
43-15 of state revenues and taxes;
43-16 (5) all bills and resolutions containing provisions
43-17 resulting in automatic allocation of funds from the state
43-18 treasury;
43-19 (6) all bills and resolutions diverting funds from the
43-20 state treasury or preventing funds from going in that otherwise
43-21 would be placed in the state treasury;
43-22 (7) all bills and resolutions proposing to levy taxes
43-23 or raise revenue for all units of government and regulating the
43-24 collection thereof;
43-25 (8) all bills and resolutions relating to the Property
43-26 Tax Code; and
43-27 (9) the following state agencies: the Office of
44-1 Multistate Tax Compact Commissioner for Texas, the State
44-2 Comptroller of Public Accounts, and the Board of Tax Professional
44-3 Examiners.
44-4 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
44-5 CHAPTER A. ORGANIZATION
44-6 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
44-7 committees of the house, and the number of members and general
44-8 jurisdiction of each, shall be as enumerated in Rule 3.
44-9 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
44-10 standing committees shall be determined at the beginning of each
44-11 regular session in the following manner:
44-12 (1) A maximum of one-half of the membership on each
44-13 standing substantive committee, exclusive of the chair and
44-14 vice-chair, shall be determined by seniority. The remaining
44-15 membership of the committee shall be appointed by the speaker.
44-16 (2) Each member of the house, in order of seniority,
44-17 may designate three committees on which he or she desires to serve,
44-18 listed in order of preference. The member is entitled to become a
44-19 member of the committee of his or her highest preference on which
44-20 there remains a vacant seniority position.
44-21 (3) If members of equal seniority request the same
44-22 committee, the speaker shall appoint the member from among those
44-23 requesting that committee. Seniority, as the term is used in this
44-24 subsection, shall mean years of cumulative service as a member of
44-25 the house of representatives.
44-26 (4) After each member of the house has selected one
44-27 committee on the basis of seniority, the remaining membership on
45-1 each standing committee shall be filled by appointment of the
45-2 speaker, subject to the limitations imposed in this chapter.
45-3 (5) Seniority shall not apply to a procedural
45-4 committee. For purposes of these rules, the procedural committees
45-5 are the Committee on Calendars, the Committee on Local and Consent
45-6 Calendars, the Committee on Rules and Resolutions, the General
45-7 Investigating Committee, the Committee on House Administration, and
45-8 the Committee on Redistricting. The entire membership of these
45-9 committees shall be appointed by the speaker.
45-10 (6) In announcing the membership of committees, the
45-11 speaker shall designate those appointed by the speaker and those
45-12 acquiring membership by seniority.
45-13 (7) The speaker shall designate the chair and
45-14 vice-chair from the total membership of the committee.
45-15 (b) In the event of an election contest that is not resolved
45-16 prior to the determination of the membership of standing
45-17 committees, the representative of the district that is the subject
45-18 of the contest is not entitled to select a committee on the basis
45-19 of seniority. Committee appointments on behalf of that district
45-20 shall be designated by the district number.
45-21 (c) In the event of a vacancy in a representative district
45-22 that has not been filled at the time of the determination of the
45-23 membership of standing committees, the representative of the
45-24 district who fills that vacancy shall not be entitled to select a
45-25 committee on the basis of seniority. Committee appointments on
45-26 behalf of that district shall be designated by the district
45-27 number.
46-1 (d) In the event that a member-elect of the current
46-2 legislature has not taken the oath of office by the end of the
46-3 ninth day of the regular session, the representative of that
46-4 district shall not be entitled to select a committee on the basis
46-5 of seniority. If the member-elect has not taken the oath of office
46-6 by the time committee appointments are announced, committee
46-7 appointments on behalf of that district shall be designated by
46-8 district number.
46-9 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
46-10 and vice-chair, members of a standing committee shall rank
46-11 according to their seniority.
46-12 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
46-13 is subject to the following restrictions:
46-14 (1) No member shall serve concurrently on more than
46-15 two standing substantive committees.
46-16 (2) A member serving as chair of the Committee on
46-17 Appropriations<, the Committee on Ways and Means,> or the Committee
46-18 on State Affairs may not serve on any other substantive committee.
46-19 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
46-20 occur on a standing committee subsequent to its organization, the
46-21 speaker shall appoint an eligible member to fill the vacancy.
46-22 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
46-23 shall:
46-24 (1) be responsible for the effective conduct of the
46-25 business of the committee;
46-26 (2) appoint all subcommittees and determine the number
46-27 of members to serve on each subcommittee;
47-1 (3) in consultation with members of the committee,
47-2 schedule the work of the committee and determine the order in which
47-3 the committee shall consider and act on bills, resolutions, and
47-4 other matters referred to the committee;
47-5 (4) have authority to employ and discharge the staff
47-6 and employees authorized for the committee and have supervision and
47-7 control over all the staff and employees;
47-8 (5) direct the preparation of all committee reports.
47-9 No committee report shall be official until signed by the chair of
47-10 the committee, or by the person acting as chair, or by a majority
47-11 of the membership of the committee;
47-12 (6) determine the necessity for public hearings,
47-13 schedule hearings, and be responsible for posting notice of
47-14 hearings as required by the rules;
47-15 (7) preside at all meetings of the committee and
47-16 control its deliberations and activities in accordance with
47-17 acceptable parliamentary procedure; and
47-18 (8) have authority to direct the sergeant-at-arms to
47-19 assist, where necessary, in enforcing the will of the committee.
47-20 Sec. 7. BILL ANALYSES. In addition to other duties that may
47-21 be assigned by the chair, the staff of each standing committee
47-22 shall be responsible for providing an analysis of each bill or
47-23 joint resolution referred to the committee and for distributing
47-24 copies of the analysis to each member of the committee at the
47-25 earliest possible opportunity but not later than the first time the
47-26 measure is laid out in a committee meeting<, in advance of any
47-27 committee consideration scheduled thereon>. The chair of the
48-1 committee may request the author or sponsor of a bill or joint
48-2 resolution to provide the committee with the analysis required by
48-3 this section. If not obtained from the author or sponsor, the
48-4 analysis shall be prepared under the direction of the chair. All
48-5 analyses shall be approved by the chair as to form and content
48-6 before distribution to other members of the committee.
48-7 CHAPTER B. PROCEDURE
48-8 Sec. 8. MEETINGS. (a) As soon as practicable after
48-9 standing committees are constituted and organized, the Committee
48-10 on House Administration shall prepare a schedule for regular
48-11 meetings of all standing committees. This schedule shall be
48-12 published in the house journal and posted in a convenient and
48-13 conspicuous place near the entrance to the house and on other
48-14 posting boards for committee meeting notices, as determined
48-15 necessary by the Committee on House Administration.
48-16 To the extent practicable during each regular session,
48-17 standing committees shall conduct regular committee meetings in
48-18 accordance with the schedule of meetings prepared by the Committee
48-19 on House Administration.
48-20 (b) Standing committees shall meet at other times as may be
48-21 determined by the committee, or as may be called by the chair.
48-22 Subcommittees of standing committees shall likewise meet at other
48-23 times as may be determined by the committee, or as may be called by
48-24 the chair of the committee or subcommittee.
48-25 Committees shall also meet in such places and at such times
48-26 as the speaker may designate.
48-27 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
49-1 committee or subcommittee shall meet during the time the house is
49-2 in session without permission being given by a majority vote of the
49-3 house. No standing committee or subcommittee shall conduct its
49-4 meeting on the floor of the house or in the house chamber while the
49-5 house is in session, but shall, if given permission to meet while
49-6 the house is in session, retire to a designated committee room for
49-7 the conduct of its meeting.
49-8 Sec. 10. PURPOSES FOR MEETING. A committee or a
49-9 subcommittee may be assembled for:
49-10 (1) a public hearing where testimony is to be heard,
49-11 and where official action may be taken, on bills, resolutions, or
49-12 other matters;
49-13 (2) a formal meeting where the committee may discuss
49-14 and take official action on bills, resolutions, or other matters
49-15 without testimony; and
49-16 (3) a work session where the committee may discuss
49-17 bills, resolutions, or other matters but take no formal action.
49-18 Sec. 11. POSTING NOTICE. (a) No committee or subcommittee,
49-19 including a calendars committee, shall assemble for the purpose of
49-20 a public hearing during a regular session unless notice of the
49-21 hearing has been posted in accordance with the rules at least five
49-22 calendar days in advance of the hearing. No committee or
49-23 subcommittee, including a calendars committee, shall assemble for
49-24 the purpose of a public hearing during a special session unless
49-25 notice of the hearing has been posted in accordance with the rules
49-26 at least 24 hours in advance of the hearing. The committee minutes
49-27 shall reflect the date of each posting of notice. Notice shall not
50-1 be required for a public hearing on a senate bill which is
50-2 substantially the same as a house bill that has previously been the
50-3 subject of a duly posted public hearing by the committee.
50-4 (b) No committee or subcommittee, including a calendars
50-5 committee, shall assemble for the purpose of a formal meeting or
50-6 work session during a regular or special session unless written
50-7 notice has been posted and transmitted to each member of the
50-8 committee two hours in advance of the meeting or an announcement
50-9 has been filed with the journal clerk and read by the reading clerk
50-10 while the house is in session.
50-11 (c) All committees meeting during the interim for the
50-12 purpose of a formal meeting, work session, or public hearing shall
50-13 post notice in accordance with the rules and notify members of the
50-14 committee at least five calendar days in advance of the meeting.
50-15 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
50-16 committee or subcommittee, including a calendars committee, shall
50-17 be open to other members, the press, and the public unless
50-18 specifically provided otherwise by resolution adopted by the house.
50-19 However, the general investigating committee or a committee
50-20 considering an impeachment, an address, the punishment of a member
50-21 of the house, or any other matter of a quasi-judicial nature may
50-22 meet in executive session for the limited purpose of examining a
50-23 witness or deliberating, considering, or debating a decision, but
50-24 no decision may be made or voted on except in a meeting that is
50-25 open to the public and otherwise in compliance with the rules of
50-26 the house.
50-27 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
51-1 Procedure of the House of Representatives, and to the extent
51-2 applicable, the rules of evidence and procedure in the civil courts
51-3 of Texas, shall govern the hearings and operations of each
51-4 committee, including a calendars committee. Subject to the
51-5 foregoing, and to the extent necessary for orderly transaction of
51-6 business, each committee may promulgate and adopt additional rules
51-7 and procedures by which it will function.
51-8 (b) No standing committee, including a calendars committee,
51-9 or any subcommittee, shall adopt any rule of procedure, including
51-10 but not limited to an automatic subcommittee rule, which will have
51-11 the effect of thwarting the will of the majority of the committee
51-12 or subcommittee or denying the committee or subcommittee the right
51-13 to ultimately dispose of any pending matter by action of a majority
51-14 of the committee or subcommittee. A bill or resolution may not be
51-15 laid on the table subject to call in committee without a majority
51-16 vote of the committee.
51-17 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
51-18 rulings of the chair of a committee shall be in order if seconded
51-19 by three members of the committee, which may include the member
51-20 making the appeal. Procedure in committee following an appeal
51-21 which has been seconded shall be the same as the procedure followed
51-22 in the house in a similar situation.
51-23 Sec. 15. PREVIOUS QUESTION. Before the previous question
51-24 can be ordered in a committee, the motion therefor must be seconded
51-25 by not less than 4 members of a committee consisting of 21 or more
51-26 members, 3 members of a committee consisting of less than 21
51-27 members and more than 10 members, or 2 members of a committee
52-1 consisting of 10 members or less. If the motion is properly
52-2 seconded and ordered by a majority vote of the committee, further
52-3 debate on the proposition under consideration shall be terminated,
52-4 and the proposition shall be immediately put to a vote of the
52-5 committee for its action.
52-6 Sec. 16. QUORUM. A majority of a committee shall constitute
52-7 a quorum. No action or recommendation of a committee shall be
52-8 valid unless taken at a meeting of the committee with a quorum
52-9 actually present, and the committee minutes shall reflect the names
52-10 of those members of the committee who were actually present. No
52-11 committee report shall be made to the house nor shall bills or
52-12 resolutions be placed on a calendar unless ordered by a majority of
52-13 the membership of the committee, except as otherwise provided in
52-14 the rules, and a quorum of the committee must be present when the
52-15 vote is taken on reporting a bill or resolution, on placing bills
52-16 or resolutions on a calendar, or on taking any other formal action
52-17 within the authority of the committee. No committee report shall
52-18 be made nor shall bills or resolutions be placed on a calendar
52-19 except by record vote of the members of the committee, with the
52-20 yeas and nays to be recorded in the minutes of the committee.
52-21 Proxies cannot be used in committees.
52-22 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
52-23 order to move a call of a committee at any time to secure and
52-24 maintain a quorum for any one or more of the following purposes:
52-25 (1) for the consideration of a specific bill,
52-26 resolution, or other matter;
52-27 (2) for a definite period of time; or
53-1 (3) for the consideration of any designated class of
53-2 bills or other matters.
53-3 (b) When a call of a committee is moved for one or more of
53-4 the foregoing purposes and seconded by two members, one of whom may
53-5 be the chair, and is ordered by a majority of the members present,
53-6 no member shall thereafter be permitted to leave the committee
53-7 meeting without written permission from the chair. After the call
53-8 is ordered, and in the absence of a quorum, the chair shall have
53-9 the authority to authorize the sergeant-at-arms to locate absent
53-10 members of the committee and to compel their attendance for the
53-11 duration of the call.
53-12 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
53-13 including a calendars committee, the chair, or the member acting
53-14 as chair, shall keep complete minutes of the proceedings in
53-15 committee, which shall include:
53-16 (1) the time and place of each meeting of the
53-17 committee;
53-18 (2) a roll call to determine the members present at
53-19 each meeting of the committee, whether that meeting follows an
53-20 adjournment or a recess from a previous committee meeting;
53-21 (3) an accurate record of all votes taken, including a
53-22 listing of the yeas and nays cast on a record vote;
53-23 (4) the date of posting of notice of the meeting; and
53-24 (5) other information that the chair shall
53-25 determine.
53-26 (b) Committee minutes shall be corrected only at the
53-27 direction of the chair as authorized by a majority vote of the
54-1 committee. Duplicate originals of committee minutes shall be
54-2 maintained, one to remain with the committee chair and the other to
54-3 be filed with the chief clerk. The committee minutes of a meeting
54-4 of the Appropriations Committee on the general appropriations bill
54-5 must be filed with the chief clerk within five days of the
54-6 committee meeting. All other committee minutes must be filed with
54-7 the chief clerk within three days of the committee meeting for a
54-8 substantive committee, and within one day of the committee meeting
54-9 for a procedural committee. If <, except that if> the date on
54-10 which the committee minutes are due occurs on a Saturday, Sunday,
54-11 or holiday on which the house is not in session, the committee
54-12 minutes shall be filed on the following working day. The time at
54-13 which the minutes are filed shall be time-stamped on the duplicate
54-14 originals of the minutes that are filed with the chief clerk. The
54-15 duplicate originals shall be available at all reasonable business
54-16 hours for inspection by members or the public.
54-17 (c) The chief clerk shall maintain the minutes and records
54-18 safe from loss, destruction, and alteration at all times, and may,
54-19 at any time, turn them, or any portion, over to the Committee on
54-20 House Administration.
54-21 Sec. 19. RECORDING OF TESTIMONY. All testimony before
54-22 committees and subcommittees shall be electronically recorded under
54-23 the direction of the Committee on House Administration. Copies of
54-24 the testimony may be released under guidelines promulgated by the
54-25 Committee on House Administration.
54-26 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The chief
54-27 clerk, under the direction of the Committee on House
55-1 Administration, shall prescribe the form of a sworn statement to be
55-2 executed by all persons, other than members, who wish to be
55-3 recognized by the chair to address the committee <appearing before
55-4 committees>. The statement shall provide for showing at least:
55-5 (1) the committee or subcommittee;
55-6 (2) the name, home address, business address, and
55-7 telephone number of the person appearing;
55-8 (3) the person, firm, corporation, class, or group
55-9 represented;
55-10 (4) the type of business, profession, or occupation of
55-11 the person or entity represented;
55-12 (5) the business address of the person or entity
55-13 represented; and
55-14 (6) the matter before the committee on which the
55-15 person wishes to be recognized to address the committee <is
55-16 appearing> and whether for, <or> against, or neutral on the matter.
55-17 (b) No person shall be recognized by the chair to address
55-18 the committee <appear> in favor of, in <or> opposition to, or
55-19 without taking a position on a matter <before a committee> until
55-20 the sworn statement has been filed with the chair of the committee.
55-21 The chair of the committee shall indicate on the sworn statement
55-22 whether the person completing the statement was recognized to
55-23 address the committee.
55-24 (c) All sworn <Sworn> statements for those persons
55-25 recognized by the chair to address the committee shall accompany
55-26 the copy of the minutes of the meeting filed with the chief clerk.
55-27 (d) All persons, other than members, recognized by the chair
56-1 to address the committee <appearing before committees> shall give
56-2 their testimony under oath, and each committee may avail itself of
56-3 additional powers and prerogatives authorized by law.
56-4 Sec. 21. POWER TO ISSUE PROCESS. By a record vote of not
56-5 less than two-thirds of those present and voting, a quorum being
56-6 present, each standing committee shall have the power and authority
56-7 to issue process to witnesses at any place in the State of Texas,
56-8 to compel their attendance, and to compel the production of all
56-9 books, records, and instruments. If necessary to obtain compliance
56-10 with subpoenas or other process, the committee shall have the power
56-11 to issue writs of attachment. All process issued by the committee
56-12 may be addressed to and served by an agent of the committee or a
56-13 sergeant-at-arms appointed by the committee or by any peace officer
56-14 of the State of Texas. The committee shall also have the power to
56-15 cite and have prosecuted for contempt, in the manner provided by
56-16 law, anyone disobeying the subpoenas or other process lawfully
56-17 issued by the committee. The chair of the committee shall issue,
56-18 in the name of the committee, the subpoenas and other process as
56-19 the committee may direct.
56-20 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
56-21 prior approval by the Committee on House Administration, witnesses
56-22 attending proceedings of any committee under process of the
56-23 committee shall be allowed the same mileage and per diem as are
56-24 allowed members of the committee when in a travel status, to be
56-25 paid out of the contingent expense fund of the house of
56-26 representatives on vouchers approved by the chair of the committee,
56-27 the chair of the Committee on House Administration, and the speaker
57-1 of the house.
57-2 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
57-3 Each committee is authorized to request the assistance, when
57-4 needed, of all state departments, agencies, and offices, and it
57-5 shall be the duty of the departments, agencies, and offices to
57-6 assist the committee when requested to do so. Each committee shall
57-7 have the power and authority to inspect the records, documents, and
57-8 files of every state department, agency, and office, to the extent
57-9 necessary to the discharge of its duties within the area of its
57-10 jurisdiction.
57-11 CHAPTER C. COMMITTEE FUNCTIONS
57-12 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
57-13 by subcommittees, are hereby authorized to conduct studies that are
57-14 authorized by the speaker pursuant to Rule 1, Section 17. Studies
57-15 may not be authorized by resolution. The speaker may appoint
57-16 public citizens and officials of state and local governments to
57-17 standing committees to augment the membership for the purpose of
57-18 interim studies and shall provide a list of such appointments to
57-19 the chief clerk. The chair of the standing committee shall have
57-20 authority to name the subcommittees necessary and desirable for the
57-21 conduct of the interim studies and shall also prepare a budget for
57-22 interim studies for approval by the Committee on House
57-23 Administration.
57-24 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
57-25 CALENDAR. No motion is in order in a committee considering a bill,
57-26 resolution, or other matter that would prevent the committee from
57-27 reporting it back to the house or placing it on a calendar in
58-1 accordance with the Rules of the House.
58-2 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
58-3 committee on bills or resolutions referred to it shall be
58-4 considered as final unless it is in the form of a favorable report,
58-5 an unfavorable report, or a report of inability to recommend a
58-6 course of action.
58-7 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
58-8 committee to report favorably or unfavorably must receive
58-9 affirmative majority votes, majority negative votes to either
58-10 motion being insufficient to report. If a committee is unable to
58-11 agree on a recommendation for action, as in the case of a tie vote,
58-12 it should submit a statement of this fact as its report, and the
58-13 house shall decide, by a majority vote, the disposition of the
58-14 matter by one of the following alternatives:
58-15 (1) leave the bill in the committee for further
58-16 consideration;
58-17 (2) refer the bill to some other committee; or
58-18 (3) order the bill printed, in which case the bill
58-19 shall go to the Committee on Calendars for placement on a calendar
58-20 and for proposal of an appropriate rule for house consideration.
58-21 Sec. 28. MINORITY REPORTS. The report of a minority of a
58-22 committee shall be made in the same general form as a majority
58-23 report. No minority report shall be recognized by the house unless
58-24 it has been signed by not less than 4 members of a committee
58-25 consisting of 21 or more members, 3 members of a committee
58-26 consisting of less than 21 members and more than 10 members, or 2
58-27 members of a committee consisting of 10 or less members. Only
59-1 members who were present when the vote was taken on the bill,
59-2 resolution, or other matter being reported, and who voted on the
59-3 losing side, may sign a minority report. Notice of intention to
59-4 file a minority report shall be given to the assembled committee
59-5 after the vote on the bill, resolution, or other matter, and before
59-6 the recess or adjournment of the committee, provided ample
59-7 opportunity is afforded for the giving of notice; otherwise, notice
59-8 may be given in writing to the chief clerk within 24 hours after
59-9 the recess or adjournment of the committee.
59-10 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
59-11 majority report on a bill is unfavorable, and a favorable minority
59-12 report is not signed in accordance with Section 28 of this rule
59-13 and filed with the chief clerk within two calendar days, exclusive
59-14 of Sunday and the date of committee action, the chief clerk shall
59-15 file the bill away as dead; except during the last 15 calendar days
59-16 of a regular session, or the last 7 calendar days of a special
59-17 session, when the chief clerk shall hold a bill only one calendar
59-18 day, exclusive of Sunday and the date of committee action, awaiting
59-19 the filing of a minority report before the bill is filed away as
59-20 dead. If the favorable minority report is properly signed and
59-21 filed, the chief clerk shall hold the bill for five legislative
59-22 days, exclusive of the legislative day in which the minority report
59-23 was filed, awaiting adoption by the house of a motion to print the
59-24 bill on minority report. If the motion to print is carried, the
59-25 bill shall be printed as if it had been reported favorably, and
59-26 shall then be immediately forwarded to the Committee on Calendars
59-27 for placement on a calendar and for proposal of an appropriate
60-1 rule for house consideration. If a motion to print a bill on
60-2 minority report is not made within the five legislative days
60-3 authorized above, the chief clerk shall file the bill away as dead.
60-4 It shall not be in order to move to recommit a bill adversely
60-5 reported with no minority report, except as provided in Section 30
60-6 of this rule. A two-thirds vote of the house shall be required to
60-7 print on minority report a joint resolution proposing an amendment
60-8 to the Constitution of Texas.
60-9 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE AUTHOR.
60-10 No adverse report shall be made on any bill or resolution by any
60-11 committee without first giving the author or sponsor of the bill an
60-12 opportunity to be heard. If it becomes evident to the house that a
60-13 bill has been reported adversely without the author or sponsor
60-14 having had an opportunity to be heard as provided in this section,
60-15 the house may, by a majority vote, order the bill recommitted even
60-16 though no minority report was filed in the manner prescribed by the
60-17 rules. This provision shall have precedence over Rule 7, Section
60-18 20.
60-19 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
60-20 reported adversely, it shall be subject to the same rules that
60-21 govern other bills reported adversely.
60-22 Sec. 32. FORM OF REPORTS. (a) Reports of standing
60-23 committees on bills and resolutions shall be made in duplicate,
60-24 with one copy to be filed with the journal clerk for printing in
60-25 the journal and the other to accompany the original bill.
60-26 (b) All committee reports must be in writing and shall:
60-27 (1) be signed by the chair, or the member acting as
61-1 chair, or a majority of the membership of the committee;
61-2 (2) be addressed to the speaker;
61-3 (3) contain a statement of the recommendations of the
61-4 committee with reference to the matter which is the subject of the
61-5 report;
61-6 (4) contain the date the committee made its
61-7 recommendation;
61-8 (5) indicate whether <include the fact that> a copy of
61-9 a bill or resolution was forwarded to the Legislative Budget Board
61-10 for preparation of a fiscal note or other impact statement<, a
61-11 criminal justice policy impact statement, or an equalized education
61-12 funding impact statement>, if applicable;
61-13 (6) contain the record vote by which the report was
61-14 adopted, including the vote of each member of the committee;
61-15 (7) contain the recommendation that the bill or
61-16 resolution be sent to the Committee on Local and Consent Calendars
61-17 for placement on an appropriate calendar if applicable;
61-18 (8) state the name of the primary house sponsor of all
61-19 senate bills and resolutions and indicate the names of all joint
61-20 sponsors or cosponsors; and
61-21 (9) include a summary of the committee hearing on the
61-22 bill or resolution, including a list of those persons who were
61-23 recognized by the chair to address the committee in favor of, in
61-24 opposition to, or without taking a position on the bill or
61-25 resolution. The chief clerk shall determine whether the summary
61-26 shall be included as part of the analysis or as a separate part of
61-27 the committee report <include the fact that a copy of a bill or
62-1 resolution was forwarded to the State Pension Review Board for
62-2 preparation of an actuarial impact statement if applicable; and>
62-3 <(10) include the fact that a copy of the bill was
62-4 forwarded to the Texas Water Development Board and the Texas Water
62-5 Commission for preparation of a water development policy impact
62-6 statement if applicable>.
62-7 (c) Except for the general appropriations bill, each
62-8 committee report on a bill or joint resolution, including a
62-9 complete committee substitute, and, to the extent considered
62-10 necessary by the committee, a committee report on any other
62-11 resolution, must include in summary form a detailed analysis of the
62-12 subject matter of the bill or resolution, specifically including:
62-13 (1) background information on the proposal;
62-14 (2) what the bill or resolution proposes to do;
62-15 (3) an analysis of the content of the bill or
62-16 resolution;
62-17 (4) a statement indicating whether or not <generally
62-18 describing the scope of and the reasons for> any rulemaking
62-19 authority is expressly delegated to a state officer, department,
62-20 agency, or institution, and, if so, identifying the sections of the
62-21 measure in which that rulemaking authority is delegated<, if the
62-22 chair determines that cost and economic impact can reasonably be
62-23 estimated, a statement of the cost of implementation for state and
62-24 local governments and the economic impact on persons to whom the
62-25 rules would apply for the first five years that the rulemaking
62-26 authority is in effect>;
62-27 (5) a statement of substantial differences between a
63-1 complete committee substitute and the original bill; and
63-2 (6) a brief explanation of each amendment adopted by
63-3 the committee <a summary of the committee hearing on the bill or
63-4 resolution, including a list of those persons who testified for,
63-5 against, or on the bill or resolution>.
63-6 (d) It shall be the duty of the committee chair, on all
63-7 matters reported by the committee, to see that all provisions of
63-8 Rule 12 are satisfied. The chair shall strictly construe this
63-9 provision to achieve the desired purposes.
63-10 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
63-11 committee determines that a bill or joint resolution, other than
63-12 the general appropriations bill, authorizes or requires the
63-13 expenditure or diversion of state funds for any purpose, the chair
63-14 shall send a copy of the measure to the Legislative Budget Board
63-15 for the preparation of a fiscal note outlining the fiscal
63-16 implications and probable cost of the measure.
63-17 (b) If the chair of a standing committee determines that a
63-18 bill or joint resolution has statewide impact on units of local
63-19 government of the same type or class and authorizes or requires the
63-20 expenditure or diversion of local funds, or creates or impacts a
63-21 local tax, fee, license charge, or penalty, the chair shall send a
63-22 copy of the measure to the Legislative Budget Board for the
63-23 preparation of a fiscal note outlining the fiscal implications and
63-24 probable cost of the measure.
63-25 (c) In preparing a fiscal note, the director of the
63-26 Legislative Budget Board may utilize information or data supplied
63-27 by any person, agency, organization, or governmental unit that the
64-1 director deems reliable. If the director determines that the fiscal
64-2 implications of the measure cannot be ascertained, the director
64-3 shall so state in the fiscal note, in which case the fiscal note
64-4 shall be in full compliance with the rules. If the director of the
64-5 Legislative Budget Board is unable to acquire or develop sufficient
64-6 information to prepare the fiscal note within 15 days of receiving
64-7 the measure from the chair of a committee, the director shall so
64-8 state in the fiscal note, in which case the note shall be in full
64-9 compliance with the rules.
64-10 (d) If the chair determines that a fiscal note is required,
64-11 copies of the fiscal note must be distributed to the members of the
64-12 committee not later than the first time the measure is laid out in
64-13 a committee meeting. The fiscal note shall be attached to the
64-14 measure on first printing. If the measure is amended by the
64-15 committee so as to alter its fiscal implications, the chair shall
64-16 obtain an updated fiscal note, which shall also be attached to the
64-17 measure on first printing.
64-18 (e) All fiscal notes shall remain with the measure
64-19 throughout the entire legislative process, including submission to
64-20 the governor.
64-21 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
64-22 this section that all members of the house are timely informed as
64-23 to the impact of proposed legislation on the state or other unit of
64-24 government.
64-25 (b) If the chair of a standing committee determines that a
64-26 bill or joint resolution:
64-27 (1) authorizes or requires a change in the sanctions
65-1 applicable to adults convicted of felony crimes, the chair shall
65-2 send a copy of the measure to the Legislative Budget Board for the
65-3 preparation of a criminal justice policy impact statement;
65-4 (2) authorizes or requires a change in the public
65-5 school finance system, the chair shall send a copy of the measure
65-6 to the Legislative Budget Board for the preparation of an equalized
65-7 education funding impact statement;
65-8 (3) proposes to change benefits or participation in
65-9 benefits of a public retirement system or change the financial
65-10 obligations of a public retirement system, the chair shall send a
65-11 copy of the measure to the Legislative Budget Board for the
65-12 preparation of an actuarial impact statement in cooperation with
65-13 the State Pension Review Board; or
65-14 (4) proposes to create a water district under the
65-15 authority of Article XVI, Section 59, of the Texas Constitution,
65-16 the chair shall send a copy of the measure to the Legislative
65-17 Budget Board for the preparation of a water development policy
65-18 impact statement.
65-19 (c) In preparing an impact statement, the director of the
65-20 Legislative Budget Board may utilize information or data supplied
65-21 by any person, agency, organization, or governmental unit that the
65-22 director deems reliable. If the director determines that the
65-23 particular implications of the measure cannot be ascertained, the
65-24 director shall so state in the impact statement, in which case the
65-25 impact statement shall be in full compliance with the rules.
65-26 (d) An impact statement is not required to be present before
65-27 a measure is laid out in a committee meeting. If timely received,
66-1 the impact statement shall be attached to the measure on first
66-2 printing. If the measure is amended by the committee so as to
66-3 alter its particular implications, the chair shall obtain an
66-4 updated impact statement. If timely received, the updated impact
66-5 statement shall also be attached to the measure on first printing.
66-6 (e) An impact statement that is received after the first
66-7 printing of a measure has been distributed to the members shall be
66-8 forwarded by the chair of the committee to the chief clerk. The
66-9 chief clerk shall have the impact statement printed and distributed
66-10 to the members.
66-11 (f) All impact statements received shall remain with the
66-12 measure throughout the entire legislative process, including
66-13 submission to the governor. <It shall be the duty of the chair of
66-14 each standing committee, immediately after the bill or resolution
66-15 has been referred to the standing committee, to determine whether
66-16 or not a fiscal note is required, and if so, to send a copy of the
66-17 bill or resolution to the Legislative Budget Board for the
66-18 preparation of the fiscal note. The chair shall advise the
66-19 Legislative Budget Board of the standing committee to which the
66-20 bill or resolution has been referred and request that the fiscal
66-21 note be returned to the committee. The Legislative Budget Board
66-22 shall forward a copy of each fiscal note to the author or sponsor
66-23 of the affected bill or resolution. The fiscal note shall be
66-24 attached to the affected bill or resolution before a committee
66-25 hearing can be conducted.>
66-26 <(b) Any bill or joint resolution which authorizes or
66-27 requires the expenditure or diversion of any state funds for any
67-1 purpose, except the general appropriations bill, shall have a
67-2 fiscal note prepared by the director of the Legislative Budget
67-3 Board attached to the bill or resolution on first printing,
67-4 outlining the fiscal implications and probable cost of the measure
67-5 each year for the first five years after its passage and a
67-6 statement as to whether or not there will be a cost involved
67-7 thereafter. The fiscal note shall include the number of additional
67-8 employees considered in arriving at the probable cost.>
67-9 <(c) Any bill or joint resolution that has statewide impact
67-10 on units of local government of the same type or class and that
67-11 authorizes or requires, presently or in the future, the expenditure
67-12 or diversion of local funds, or that proposes any new local tax,
67-13 fee, license charge, or penalty, or any increased or decreased
67-14 local tax, fee, license charge, or penalty, shall have a fiscal
67-15 note prepared by the director of the Legislative Budget Board
67-16 attached to the bill or resolution on first printing, outlining the
67-17 fiscal implications and probable cost of the measure to the
67-18 affected unit or units of local government each year for the first
67-19 five years after its passage and a statement as to whether or not
67-20 there will be a cost involved thereafter.>
67-21 <If the Legislative Budget Board is unable to acquire or
67-22 develop sufficient information to prepare the fiscal note required
67-23 by this subsection within 15 days of receiving a bill or
67-24 resolution, the director of the Legislative Budget Board shall so
67-25 state in the fiscal note, in which case the fiscal note shall be in
67-26 full compliance with the rules.>
67-27 <(d) Before any bill or joint resolution that has impact on
68-1 any particular unit or units of local government and that mandates,
68-2 presently or in the future, the expenditure or diversion of local
68-3 funds, or that mandates any new local tax, fee, license charge, or
68-4 penalty can be heard in committee, it shall have attached to it a
68-5 statement prepared by the author giving the author's best estimate
68-6 of the fiscal implications and probable cost of the measure each
68-7 year for five years after its passage and a statement as to whether
68-8 or not there will be a cost involved thereafter. This subsection
68-9 does not apply to a bill or joint resolution covered by Subsection
68-10 (c) of this section.>
68-11 <(e) In Subsections (c) and (d) of this section, "unit of
68-12 local government" means county, city, town, school district,
68-13 conservation district, hospital district, or any other political
68-14 subdivision or special district.>
68-15 <(f) In preparing a fiscal note, the director of the
68-16 Legislative Budget Board may utilize information or data supplied
68-17 by any person, agency, organization, or governmental unit that the
68-18 director deems reliable and shall state the source or sources of
68-19 the information or data used and may state the extent to which the
68-20 director relied on the information or data in preparing the fiscal
68-21 note. If the director determines that the fiscal implications of
68-22 the bill or resolution cannot be ascertained or that the bill or
68-23 resolution authorizes an unlimited expenditure or diversion of
68-24 funds for any period to which the fiscal note applies, the director
68-25 shall so state in the fiscal note, in which case the fiscal note
68-26 shall be in full compliance with the rules.>
68-27 <(g) In the event that a bill or resolution is amended by
69-1 the committee so as to alter its fiscal implications, either an
69-2 updated fiscal note or author's statement, whichever is applicable,
69-3 shall be obtained by the chair and attached to the bill or
69-4 resolution as a part of the committee report.>
69-5 <(h) All fiscal notes or author's statements, original and
69-6 updated, shall remain with the bill or resolution throughout the
69-7 entire legislative process, including submission to the governor.>
69-8 <Sec. 34. CRIMINAL JUSTICE POLICY AND EQUALIZED EDUCATION
69-9 FUNDING IMPACT STATEMENTS. (a) If the chair of a standing
69-10 committee determines that a bill or resolution authorizes or
69-11 requires a change in the sanctions applicable to adults convicted
69-12 of felony crimes, the chair shall send a copy of the bill or
69-13 resolution to the Legislative Budget Board for the preparation of a
69-14 criminal justice policy impact statement that includes an estimate
69-15 of the impact of proposed policy changes on the programs and work
69-16 loads of state corrections agencies and on the demand for resources
69-17 and services of those agencies. In this subsection, "sanctions"
69-18 includes sentences as well as adjustments to sentences such as
69-19 probation, parole, and mandatory supervision, including changes in
69-20 policy or statutes related to eligibility, revocation, and good
69-21 time credits.>
69-22 <(b) If the chair of a standing committee determines that a
69-23 bill or resolution affects public education, the chair shall send a
69-24 copy of the bill or resolution to the Legislative Budget Board for
69-25 the preparation of an equalized education funding impact statement
69-26 that evaluates the effect of the bill or resolution on all state
69-27 equalized funding requirements and policies.>
70-1 <(c) If the director is unable to acquire or develop
70-2 sufficient information to prepare an impact statement within 15
70-3 days after receiving a bill or resolution, the director shall
70-4 prepare the impact statement by stating that fact, and the impact
70-5 statement shall be in full compliance with the rules.>
70-6 <(d) The Legislative Budget Board shall forward a copy of
70-7 each impact statement to the author or sponsor of the affected bill
70-8 or resolution.>
70-9 <(e) In preparing an impact statement, the director of the
70-10 Legislative Budget Board may use information or data supplied by
70-11 any person, agency, organization, or governmental unit that the
70-12 director deems reliable and shall state the source or sources of
70-13 the information or data used and may state the extent to which the
70-14 director relied on the information or data in preparing the impact
70-15 statement.>
70-16 <(f) If the director determines that the effect of the bill
70-17 or resolution cannot be ascertained, the director shall prepare the
70-18 impact statement by stating that fact, and the impact statement
70-19 shall be in full compliance with the rules.>
70-20 <(g) If the chair determines that an impact statement is
70-21 required, the impact statement must be attached to the bill or
70-22 resolution before a committee hearing can be conducted on the bill
70-23 or resolution. The impact statement shall be attached to the bill
70-24 or resolution on first printing. If the bill or resolution is
70-25 amended by the committee so as to alter its policy implications,
70-26 the chair shall obtain an updated impact statement, which shall be
70-27 attached to the bill or resolution as part of the committee report.>
71-1 <(h) All impact statements shall remain with the bill or
71-2 resolution throughout the entire legislative process, including
71-3 submission to the governor.>
71-4 <Sec. 35. ACTUARIAL IMPACT STATEMENTS. (a) Except as
71-5 otherwise provided by this section, a bill or joint resolution that
71-6 proposes to change benefits or participation in benefits of a
71-7 public retirement system or that otherwise would change the
71-8 financial obligations of a public retirement system must have, in
71-9 addition to any fiscal note required under Section 33 of this rule,
71-10 an actuarial impact statement prepared by the State Pension Review
71-11 Board attached to the bill or resolution before a committee
71-12 hearing may be held on it and attached to the bill or resolution on
71-13 first printing.>
71-14 <(b) An actuarial impact statement is not required for the
71-15 general appropriations bill, a bill or resolution that would change
71-16 the financial obligations of a retirement system only by modifying
71-17 the compensation of members of the system, or modifying the
71-18 administrative duties of the system, or a bill or resolution that
71-19 would change the financial obligations of a retirement system only
71-20 by imposing an expense on the system in the same manner that the
71-21 expense is imposed on other agencies or units of government.>
71-22 <(c) In this section, "public retirement system" means a
71-23 continuing, organized program of service retirement, disability
71-24 retirement, or death benefits for officers or employees of the
71-25 state or a political subdivision, but does not include a program
71-26 for which benefits are administered by a life insurance company, a
71-27 program providing only workers' compensation benefits, or a program
72-1 administered by the federal government.>
72-2 <(d) An actuarial impact statement must:>
72-3 <(1) summarize the actuarial analysis that has been
72-4 prepared for the bill or resolution;>
72-5 <(2) identify and comment on the reasonableness of
72-6 each actuarial assumption used in that actuarial analysis; and>
72-7 <(3) show the economic effect of the proposed bill or
72-8 resolution on the public retirement system, including a projection
72-9 of the actuarial cost or liability imposed by the proposal on the
72-10 system, the effect of the legislation on the amortization schedule
72-11 for liabilities of the system, and the estimated dollar change in
72-12 the unfunded liability of the system.>
72-13 <(e) As soon as practicable after a bill or joint resolution
72-14 is referred to a standing committee, the committee chair shall
72-15 determine whether or not an actuarial impact statement is
72-16 required. If the chair determines that an actuarial impact
72-17 statement is required, the chair shall send a copy of the bill or
72-18 resolution to the State Pension Review Board with a request that an
72-19 actuarial impact statement be prepared and sent to the committee.
72-20 The executive director of the State Pension Review Board shall
72-21 return a copy of the actuarial impact statement to the committee
72-22 that requested it, to the author or sponsor of the affected bill or
72-23 resolution, and to the Legislative Budget Board.>
72-24 <(f) If a bill or resolution for which an actuarial impact
72-25 statement is required is amended by a committee in a way that
72-26 alters its economic implications, the chair of the committee shall
72-27 request the State Pension Review Board to prepare an updated
73-1 actuarial impact statement. If timely received, an updated
73-2 actuarial impact statement must be attached to the affected bill
73-3 or resolution as a part of the committee report. All actuarial
73-4 impact statements timely received must remain with the bill or
73-5 resolution throughout the legislative process, including the
73-6 process of submission to the governor.>
73-7 <Sec. 36. WATER DEVELOPMENT POLICY IMPACT STATEMENTS.
73-8 (a) A bill that proposes to create a water district under the
73-9 authority of Article XVI, Section 59, of the Texas Constitution
73-10 must have a water development policy impact statement prepared by
73-11 the Texas Water Development Board and the Texas Water Commission
73-12 attached to the bill before a committee hearing may be held on the
73-13 bill and attached to the bill on first printing.>
73-14 <(b) The impact statement shall include but shall not be
73-15 limited to:>
73-16 <(1) an evaluation of population projections used to
73-17 justify the creation of the district;>
73-18 <(2) an evaluation of the proposed district finances,
73-19 including bond issuance powers and taxing authority and the
73-20 authority of the Texas Water Commission to approve bond issues;>
73-21 <(3) an evaluation of the method of selection of and
73-22 powers of the board of directors of the district;>
73-23 <(4) an evaluation of the effect of the creation of
73-24 the proposed district on the objectives of the Texas Water
73-25 Development Board's water plan;>
73-26 <(5) an evaluation of the extent of Texas Water
73-27 Commission supervision of the proposed district;>
74-1 <(6) an evaluation of the eminent domain powers of the
74-2 proposed district;>
74-3 <(7) an evaluation of provisions relating to the
74-4 exclusion of land from the proposed district;>
74-5 <(8) a comment on the adequacy of the description of
74-6 the proposed district; and>
74-7 <(9) a comment on any provisions of the bill that
74-8 provide powers or duties that are not provided by or that are
74-9 different from those provided by general law for similar types of
74-10 districts.>
74-11 <(c) If the Texas Water Development Board and the Texas
74-12 Water Commission are unable to provide the water development policy
74-13 impact statement within 30 days during a regular session, or within
74-14 14 days during a special session, of the date the bill is
74-15 introduced in the house or received from the senate, the
74-16 requirements of this section shall not apply.>
74-17 <(d) A water development policy impact statement is not
74-18 required for a senate bill that is substantially similar to a house
74-19 bill for which a water development policy impact statement has been
74-20 prepared.>
74-21 <(e) If a bill for which a water development policy impact
74-22 statement is required is amended by a committee in a way that
74-23 alters its implications, the chair of the committee shall request
74-24 the Texas Water Commission and the Texas Water Development Board to
74-25 prepare an updated impact statement. If timely received, an
74-26 updated impact statement must be attached to the affected bill on
74-27 committee report. All water development policy impact statements
75-1 timely received shall remain with the bill throughout the
75-2 legislative process, including submission to the governor.>
75-3 Sec. 35 <37>. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
75-4 Committee reports on house and concurrent resolutions shall be made
75-5 in the same manner and shall follow the same procedure as provided
75-6 for bills, subject to any differences otherwise authorized or
75-7 directed by the rules.
75-8 Sec. 36 <38>. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
75-9 action by the house is necessary on the report of a standing
75-10 committee. The bill, resolution, or proposition recommended or
75-11 reported by the committee shall automatically be before the house
75-12 for its consideration after the bill or resolution has been
75-13 referred to the appropriate calendars committee for placement on a
75-14 calendar and for proposal of an appropriate rule for house
75-15 consideration.
75-16 Sec. 37 <39>. REFERRAL OF REPORTS TO CHIEF CLERK. All
75-17 committee reports on bills or resolutions shall be immediately
75-18 referred to the chief clerk. The chair of the committee shall be
75-19 responsible for delivery of the report to the chief clerk.
75-20 Sec. 38 <40>. DELIVERY OF REPORTS TO CALENDARS COMMITTEES.
75-21 After printing, the chief clerk shall be responsible for delivery
75-22 of a certified copy of the committee report to the appropriate
75-23 calendars committee, which committee shall immediately accept the
75-24 bill or resolution for placement on a calendar and for the
75-25 proposal of an appropriate rule for house consideration.
75-26 Sec. 39 <41>. COMMITTEE AMENDMENTS. No committee shall have
75-27 the power to amend, delete, or change in any way the nature,
76-1 purpose, or content of any bill or resolution referred to it, but
76-2 may draft and recommend amendments to it, which shall become
76-3 effective only if adopted by a majority vote of the house.
76-4 Sec. 40 <42>. SUBSTITUTES. The committee may adopt and
76-5 report a complete germane committee substitute containing the
76-6 title, enacting clause, and text of the bill in lieu of an original
76-7 bill, in which event the complete substitute bill on committee
76-8 report shall be laid before the house and shall be the matter then
76-9 before the house for its consideration, instead of the original
76-10 bill. If the substitute bill is defeated at any legislative stage,
76-11 the bill is considered not passed.
76-12 Sec. 41 <43>. GERMANENESS OF SUBSTITUTE. If a point of
76-13 order is raised that a complete committee substitute is not
76-14 germane, in whole or in part, and the point of order is sustained,
76-15 the committee substitute shall be returned to the Committee on
76-16 Calendars, which may have the original bill printed and distributed
76-17 and placed on a calendar in lieu of the substitute or may return
76-18 the original bill to the committee from which it was reported for
76-19 further action.
76-20 Sec. 42 <44>. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
76-21 REPORT. Should the author or sponsor of the bill, resolution, or
76-22 other proposal not be satisfied with the final recommendation or
76-23 form of the committee report, the member shall have the privilege
76-24 of offering on the floor of the house such amendments or changes as
76-25 he or she considers necessary and desirable, and those amendments
76-26 or changes shall be given priority during the periods of time when
76-27 original amendments are in order under the provisions of Rule 11,
77-1 Section 7.
77-2 CHAPTER D. SUBCOMMITTEES
77-3 Sec. 43 <45>. JURISDICTION. Each committee is authorized
77-4 to conduct its activities and perform its work through the use of
77-5 subcommittees as shall be determined by the chair of the committee.
77-6 Subcommittees shall be created, organized, and operated in such a
77-7 way that the subject matter and work area of each subcommittee
77-8 shall be homogeneous and shall pertain to related governmental
77-9 activities. The size and jurisdiction of each subcommittee shall
77-10 be determined by the chair of the committee, except that each
77-11 substantive committee, other than the Appropriations Committee,
77-12 shall have a subcommittee for oversight whose responsibility it
77-13 shall be to monitor the operations and performance of the state
77-14 agencies within the jurisdiction of the committee as provided in
77-15 Rule 3. When the subcommittee for oversight has been appointed,
77-16 the chair of the committee shall file a list of the members of the
77-17 subcommittee with the chief clerk.
77-18 Sec. 44 <46>. MEMBERSHIP. The chair of each standing
77-19 committee shall appoint from the membership of the committee the
77-20 members who are to serve on each subcommittee, including the
77-21 subcommittee for oversight. Any vacancy on a subcommittee shall be
77-22 filled by appointment of the chair of the standing committee. The
77-23 chair and vice-chair of each subcommittee, including the
77-24 subcommittee for oversight, shall be named by the chair of the
77-25 committee.
77-26 Sec. 45 <47>. RULES GOVERNING OPERATIONS. The Rules of
77-27 Procedure of the House of Representatives, to the extent
78-1 applicable, shall govern the hearings and operations of each
78-2 subcommittee. Subject to the foregoing, and to the extent
78-3 necessary for orderly transaction of business, each subcommittee
78-4 may promulgate and adopt additional rules and procedures by which
78-5 it will function.
78-6 Sec. 46 <48>. QUORUM. A majority of a subcommittee shall
78-7 constitute a quorum, and no action or recommendation of a
78-8 subcommittee shall be valid unless taken at a meeting with a quorum
78-9 actually present. All reports of a subcommittee must be approved
78-10 by record vote by a majority of the membership of the subcommittee.
78-11 Minutes of the subcommittee shall be maintained in a manner similar
78-12 to that required by the rules for standing committees. Proxies
78-13 cannot be used in subcommittees.
78-14 Sec. 47 <49>. POWER AND AUTHORITY. Each subcommittee,
78-15 within the area of its jurisdiction, shall have all of the power,
78-16 authority, and rights granted by the Rules of Procedure of the
78-17 House of Representatives to the standing committee, except subpoena
78-18 power, to the extent necessary to discharge the duties and
78-19 responsibilities of the subcommittee.
78-20 Sec. 48 <50>. REFERRAL OF PROPOSED LEGISLATION TO
78-21 SUBCOMMITTEE. All bills and resolutions referred to a standing
78-22 committee shall be reviewed by the chair to determine appropriate
78-23 disposition of the bills and resolutions. All bills and
78-24 resolutions shall be considered by the entire standing committee
78-25 unless the chair of that standing committee determines to refer the
78-26 bills and resolutions to subcommittee. If a bill or resolution is
78-27 referred by the chair of the standing committee to a subcommittee,
79-1 the subcommittee shall be charged with the duty and responsibility
79-2 of conducting the hearing, doing research, and performing such
79-3 other functions as the subcommittee or its parent standing
79-4 committee may determine. All meetings of the subcommittee shall be
79-5 scheduled by the subcommittee chair, with appropriate public notice
79-6 and notification of each member of the subcommittee under the same
79-7 rules of procedure as govern the conduct of the standing
79-8 committee.
79-9 Sec. 49 <51>. REPORT BY SUBCOMMITTEE. At the conclusion of
79-10 its deliberations on a bill, resolution, or other matter referred
79-11 to it, the subcommittee shall prepare a written report,
79-12 comprehensive in nature, for submission to the full committee. The
79-13 report shall include background material as well as recommended
79-14 action and shall be accompanied by a complete draft of the bill,
79-15 resolution, or other proposal in such form as the subcommittee
79-16 shall determine.
79-17 Sec. 50 <52>. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
79-18 reports shall be directed to the chair of the committee, who shall
79-19 schedule meetings of the standing committee from time to time as
79-20 necessary and appropriate for the reception of subcommittee reports
79-21 and for action on reports by the standing committee. No
79-22 subcommittee report shall be scheduled for action by the standing
79-23 committee until at least 48 hours after a copy of the subcommittee
79-24 report is provided to each member of the standing committee.
79-25 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
79-26 Sec. 51 <53>. RESOLUTION INTO A COMMITTEE OF THE WHOLE
79-27 HOUSE. The house may resolve itself into a committee of the whole
80-1 house to consider any matter referred to it by the house. In
80-2 forming a committee of the whole house, the speaker shall vacate
80-3 the chair and shall appoint a chair to preside in committee.
80-4 Sec. 52 <54>. RULES GOVERNING OPERATIONS. The rules
80-5 governing the proceedings of the house and those governing
80-6 committees shall be observed in committees of the whole, to the
80-7 extent that they are applicable.
80-8 Sec. 53 <55>. MOTION FOR A CALL OF THE COMMITTEE OF THE
80-9 WHOLE. (a) It shall be in order to move a call of the committee
80-10 of the whole at any time to secure and maintain a quorum for the
80-11 following purposes:
80-12 (1) for the consideration of a certain or specific
80-13 matter; or
80-14 (2) for a definite period of time; or
80-15 (3) for the consideration of any designated class of
80-16 bills.
80-17 (b) When a call of the committee of the whole is moved and
80-18 seconded by 10 members, of whom the chair may be one, and is
80-19 ordered by majority vote, the main entrance of the hall and all
80-20 other doors leading out of the hall shall be locked, and no member
80-21 shall be permitted to leave the hall without written permission.
80-22 Other proceedings under a call of the committee shall be the same
80-23 as under a call of the house.
80-24 Sec. 54 <56>. HANDLING OF A BILL. A bill committed to a
80-25 committee of the whole house shall be handled in the same manner as
80-26 in any other committee. The body of the bill shall not be defaced
80-27 or interlined, but all amendments shall be duly endorsed by the
81-1 chief clerk as they are adopted by the committee, and so reported
81-2 to the house. When a bill is reported by the committee of the
81-3 whole house it shall be referred immediately to the appropriate
81-4 calendars committee for placement on the appropriate calendar and
81-5 shall follow the same procedure as any other bill on committee
81-6 report.
81-7 Sec. 55 <57>. FAILURE TO COMPLETE WORK AT ANY SITTING. In
81-8 the event that the committee of the whole, at any sitting, fails to
81-9 complete its work on any bill or resolution under consideration for
81-10 lack of time, or desires to take any action on that measure that is
81-11 permitted under the rules for other committees, it may, on a motion
81-12 made and adopted by majority vote, rise, report progress, and ask
81-13 leave of the house to sit again generally, or at a time certain.
81-14 Sec. 56 <58>. REPORTS OF SELECT COMMITTEES. Reports of
81-15 select committees made during a session shall be filed with the
81-16 chief clerk and printed in the journal, unless otherwise determined
81-17 by the house.
81-18 CHAPTER F. INTERIM STUDY COMMITTEES
81-19 Sec. 57 <59>. INTERIM STUDIES. Pursuant to Rule 1, Section
81-20 17, the speaker may create interim study committees to conduct
81-21 studies by issuing a proclamation for each committee, which shall
81-22 specify the issue to be studied, committee membership, and any
81-23 additional authority and duties. A copy of each proclamation
81-24 creating an interim study committee shall be filed with the chief
81-25 clerk. An interim study committee expires on release of its final
81-26 report or when the next legislature convenes, whichever is earlier.
81-27 An interim study committee may not be created by resolution.
82-1 Sec. 58 <60>. APPOINTMENT AND MEMBERSHIP. The speaker shall
82-2 appoint all members of an interim study committee, which may
82-3 include public citizens and officials of state and local
82-4 governments. The speaker shall also designate the chair and
82-5 vice-chair and may authorize the chair to create subcommittees and
82-6 appoint citizen advisory committees.
82-7 Sec. 59 <61>. RULES GOVERNING OPERATIONS. The rules
82-8 governing the proceedings of the house and those governing standing
82-9 committees shall be observed by an interim study committee, to the
82-10 extent that they are applicable. An interim study committee shall
82-11 have the power to issue process and to request assistance of state
82-12 agencies as provided for a standing committee in Sections 21, 22,
82-13 and 23 of this rule.
82-14 Sec. 60 <62>. FUNDING AND STAFF. An interim study
82-15 committee shall use existing staff resources of its members,
82-16 standing committees, house offices, and legislative service
82-17 agencies. The chair of an interim study committee shall prepare a
82-18 detailed budget for approval by the speaker and the Committee on
82-19 House Administration. An interim study committee may accept
82-20 gifts, grants, and donations for the purpose of funding its
82-21 activities as provided by Sections 301.032(b) and (c), Government
82-22 Code.
82-23 Sec. 61 <63>. STUDY REPORTS. The final report or
82-24 recommendations of an interim study committee shall be approved by
82-25 a majority of the committee membership. Dissenting members may
82-26 attach statements to the final report. Five copies of the report
82-27 shall be submitted to the speaker; 50 copies shall be provided to
83-1 House Bill Distribution for sale at cost; and 75 copies shall be
83-2 provided to the chief clerk, who shall make the appropriate
83-3 distribution to the Legislative Reference Library and state library
83-4 and archives. This section shall also apply to interim study
83-5 reports of standing committees.
83-6 Sec. 62 <64>. JOINT HOUSE AND SENATE INTERIM STUDIES.
83-7 Procedures may be established by a concurrent resolution adopted by
83-8 both houses, by which the speaker may authorize and appoint,
83-9 jointly with the senate, committees to conduct interim studies. A
83-10 copy of the authorization for and the appointments to a joint
83-11 interim study committee shall be filed with the chief clerk.
83-12 Individual joint interim study committees may not be authorized or
83-13 created by resolution.
83-14 RULE 5. FLOOR PROCEDURE
83-15 CHAPTER A. QUORUM AND ATTENDANCE
83-16 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
83-17 quorum to do business.
83-18 Sec. 2. ROLL CALLS. On every roll call or registration, the
83-19 names of the members shall be called or listed, as the case may be,
83-20 alphabetically by surname, except when two or more have the same
83-21 surname, in which case the initials of the members shall be
83-22 added.
83-23 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
83-24 from the sessions of the house without leave, and no member shall
83-25 be excused on his or her own motion.
83-26 (b) A leave of absence may be granted by a majority vote of
83-27 the house and may be revoked at any time by a similar vote.
84-1 (c) Any member granted a leave of absence due to a meeting
84-2 of a committee or conference committee that has authority to meet
84-3 while the house is in session shall be so designated on each roll
84-4 call or registration for which that member is excused.
84-5 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
84-6 present and fails or refuses to record on a roll call after being
84-7 requested to do so by the speaker shall be recorded as present by
84-8 the speaker and shall be counted for the purpose of making a
84-9 quorum.
84-10 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
84-11 order of "No Quorum" shall not be accepted by the chair if the last
84-12 roll call showed the presence of a quorum.
84-13 (b) Once a point of order has been made that a quorum is not
84-14 present, it may not be withdrawn after the absence of a quorum has
84-15 been ascertained and announced.
84-16 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
84-17 registration or record vote reveals that a quorum is not present,
84-18 only a motion to adjourn or a motion for a call of the house and
84-19 the motions incidental thereto shall be in order.
84-20 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
84-21 to move a call of the house at any time to secure and maintain a
84-22 quorum for one of the following purposes:
84-23 (1) for the consideration of a specific bill,
84-24 resolution, motion, or other measure;
84-25 (2) for the consideration of any designated class of
84-26 bills; or
84-27 (3) for a definite period of time.
85-1 Motions for, and incidental to, a call of the house are not
85-2 debatable.
85-3 Sec. 8. SECURING A QUORUM. When a call of the house is
85-4 moved for one of the above purposes and seconded by 15 members (of
85-5 whom the speaker may be one) and ordered by a majority vote, the
85-6 main entrance to the hall and all other doors leading out of the
85-7 hall shall be locked and no member permitted to leave the house
85-8 without the written permission of the speaker. The names of
85-9 members present shall be recorded. All absentees for whom no
85-10 sufficient excuse is made may, by order of a majority of those
85-11 present, be sent for and arrested, wherever they may be found, by
85-12 the sergeant-at-arms or an officer appointed by the
85-13 sergeant-at-arms for that purpose, and their attendance shall be
85-14 secured and retained. The house shall determine on what conditions
85-15 they shall be discharged. Members who voluntarily appear shall,
85-16 unless the house otherwise directs, be immediately admitted to the
85-17 hall of the house and shall report their names to the clerk to be
85-18 entered in the journal as present.
85-19 Until a quorum appears, should the roll call fail to show one
85-20 present, no business shall be transacted, except to compel the
85-21 attendance of absent members or to adjourn. It shall not be in
85-22 order to recess under a call of the house.
85-23 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
85-24 shown to be present, the house may proceed with the matters on
85-25 which the call was ordered, or may enforce the call and await the
85-26 attendance of as many of the absentees as it desires. When the
85-27 house proceeds to the business on which the call was ordered, it
86-1 may, by a majority vote, direct the sergeant-at-arms to cease
86-2 bringing in absent members.
86-3 Sec. 10. REPEATING A RECORD VOTE. When a record vote
86-4 reveals the lack of a quorum, and a call is ordered to secure one,
86-5 a record vote shall again be taken when the house resumes business
86-6 with a quorum present.
86-7 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
86-8 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
86-9 persons shall be entitled to the privileges of the floor of the
86-10 house when the house is in session: members of the house;
86-11 employees of the house when performing their official duties as
86-12 determined by the Committee on House Administration; members of the
86-13 senate; employees of the senate when performing their official
86-14 duties; the Governor of Texas and the governor's executive and
86-15 administrative assistant; the lieutenant governor; the secretary of
86-16 state; duly accredited reporters, photographers, correspondents,
86-17 and commentators of press, radio, and television who have complied
86-18 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
86-19 election cases pending before the house; and immediate families of
86-20 the members of the legislature on such special occasions as may be
86-21 determined by the Committee on House Administration.
86-22 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
86-23 persons shall be admitted to the area on the floor of the house
86-24 enclosed by the railing when the house is in session: members of
86-25 the house; members of the senate; the governor; the lieutenant
86-26 governor; officers and employees of the senate and house when those
86-27 officers and employees are actually engaged in performing their
87-1 official duties as determined by the Committee on House
87-2 Administration; spouses of members of the house on such occasions
87-3 as may be determined by the Committee on House Administration; and
87-4 duly accredited reporters, photographers, correspondents, and
87-5 commentators of press, radio, and television who have complied with
87-6 Sections 20(a), (b), (c), and (d) of this rule.
87-7 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
87-8 and collectors shall not be admitted to the floor of the house
87-9 while the house is in session.
87-10 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
87-11 invite a person to address the house while it is in session shall
87-12 be in order only if the person invited is entitled to the
87-13 privileges of the floor as defined by Section 11 of this rule and
87-14 if no business is pending before the house.
87-15 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
87-16 a member of the legislature, who is lobbying or working for or
87-17 against any pending or prospective legislative measure shall be
87-18 permitted on the floor of the house or in the adjacent rooms while
87-19 the house is in session.
87-20 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
87-21 admitted to the floor of the house under the rules, except the
87-22 governor or a member of the legislature, lobbies or works for or
87-23 against any pending or prospective legislation or violates any of
87-24 the other rules of the house, the privileges extended to that
87-25 person under the rules shall be suspended by a majority vote of the
87-26 Committee on House Administration. The action of the committee
87-27 shall be reviewable by the house only if two members of the
88-1 committee request an appeal from the decision of the committee.
88-2 The request shall be in the form of a minority report and shall be
88-3 subject to the same rules that are applicable to minority reports
88-4 on bills. Suspension shall remain in force until the accused
88-5 person purges himself or herself and comes within the rules, or
88-6 until the house, by majority vote, reverses the action of the
88-7 committee.
88-8 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
88-9 persons shall be admitted to the members lounge at any
88-10 time: members of the house; members of the senate; and former
88-11 members of the house and senate who are not engaged in any form of
88-12 employment requiring them to lobby or work for or against any
88-13 pending or prospective legislative measures.
88-14 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
88-15 shall be the duty of the Committee on House Administration to
88-16 determine what duties are to be discharged by officers and
88-17 employees of the house on the floor of the house, specifically in
88-18 the area enclosed by the railing, when the house is in session. It
88-19 shall be the duty of the speaker to see that the officers and
88-20 employees do not violate the regulations promulgated by the
88-21 Committee on House Administration.
88-22 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
88-23 allowed to remain in, the house chamber while the house is in
88-24 session unless properly attired, and all gentlemen shall wear a
88-25 coat and tie. Food or beverage shall not be permitted in the house
88-26 chamber at any time, and no person carrying food or beverage shall
88-27 be admitted to the chamber, whether the house is in session or in
89-1 recess. Reading newspapers shall not be permitted in the house
89-2 chamber while the house is in session.
89-3 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
89-4 is in session, no media representative shall be admitted to the
89-5 floor of the house or allowed its privileges unless the person is a
89-6 salaried staff correspondent, reporter, or photographer regularly
89-7 employed by a newspaper, a press association or news service
89-8 serving newspapers, a publication requiring telegraphic coverage,
89-9 or a duly licensed radio or television station or network.
89-10 (b) Any media representative seeking admission to the floor
89-11 of the house under the provisions of Subsection (a) of this section
89-12 must present to the Committee on House Administration fully
89-13 accredited credentials from his or her employer certifying that the
89-14 media representative is engaged primarily in reporting the sessions
89-15 of the legislature. Regularly accredited media representatives who
89-16 have duly qualified under the provisions of this section may, when
89-17 requested to do so, make recommendations through their professional
89-18 committees to the Committee on House Administration as to the
89-19 sufficiency or insufficiency of the credentials of any person
89-20 seeking admission to the floor of the house under this section.
89-21 Every media representative, before being admitted to the
89-22 floor of the house during its sessions, shall file with the
89-23 Committee on House Administration a written statement showing the
89-24 paper or papers, press association, news service, publication
89-25 requiring telegraphic coverage, or radio or television station or
89-26 network which he or she represents and certifying that no part of
89-27 his or her salary for legislative coverage is paid by any person,
90-1 firm, corporation, or association except the listed news media
90-2 which he or she represents.
90-3 (c) If the Committee on House Administration determines that
90-4 a person's media credentials meet the requirements of this section,
90-5 the committee shall so notify the speaker of the house in writing,
90-6 and the speaker shall issue a pass card to the person. This pass
90-7 card must be presented to the doorkeeper each time the person seeks
90-8 admission to the floor of the house while the house is in session.
90-9 Pass cards issued under this section shall not be transferable.
90-10 Persons admitted to the floor of the house pursuant to the
90-11 provisions of this section shall work in appropriate convenient
90-12 seats or work stations in the house, which shall be designated for
90-13 that purpose by the Committee on House Administration.
90-14 (d) Media representatives who are admitted to the floor of
90-15 the house when the house is in session shall confine their
90-16 activities within the railing to very brief inquiries, brief,
90-17 nonilluminated photographic contacts, and brief contacts to arrange
90-18 interviews and press conferences with members of the house.
90-19 Members of the house shall not engage in interviews and press
90-20 conferences on the house floor while the house is in session. The
90-21 Committee on House Administration is authorized to enforce this
90-22 provision and to prescribe such other regulations as may be
90-23 necessary and desirable to achieve these purposes. Persons
90-24 governed by this subsection shall be subject to the provisions of
90-25 Section 15 of this rule.
90-26 (e) Permission to make live or recorded television or radio
90-27 broadcasts in or from the house chamber while the house is in
91-1 session may be granted only by the Committee on House
91-2 Administration. The committee shall promulgate regulations
91-3 governing television or radio broadcasts, and such regulations
91-4 shall be printed as an addendum to the rules of the house. When
91-5 television or radio broadcasts from the floor of the house are
91-6 recommended by the Committee on House Administration, the
91-7 recommendation shall identify those persons in the technical crews
91-8 to whom pass cards to the floor of the house and galleries are to
91-9 be issued by the speaker. Passes granted under this authority
91-10 shall be subject to revocation on the recommendation of the
91-11 Committee on House Administration. Each committee of the house
91-12 shall have authority to determine whether or not to permit
91-13 television or radio broadcasts of any of its proceedings.
91-14 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
91-15 HOUSE CHAMBER. When the house is not in session, the floor of the
91-16 house shall remain open on days and hours determined by the
91-17 Committee on House Administration. By resolution, the house may
91-18 open the floor of the house during its sessions for the
91-19 inauguration of the governor and lieutenant governor and for such
91-20 other public ceremonies as may be deemed warranted.
91-21 CHAPTER C. SPEAKING AND DEBATE
91-22 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
91-23 speak or deliver any matter to the house, the member shall rise and
91-24 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
91-25 on being recognized, may address the house from the microphone at
91-26 the reading clerk's desk, and shall confine all remarks to the
91-27 question under debate, avoiding personalities.
92-1 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
92-2 members rise at once, the speaker shall name the one who is to
92-3 speak first. This decision shall be final and not open to debate
92-4 or appeal.
92-5 Sec. 24. RECOGNITION. There shall be no appeal from the
92-6 speaker's recognition, but the speaker shall be governed by rules
92-7 and usage in priority of entertaining motions from the floor. When
92-8 a member seeks recognition, the speaker may ask, "For what purpose
92-9 does the member rise?" or "For what purpose does the member seek
92-10 recognition?" and may then decide if recognition is to be
92-11 granted.
92-12 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
92-13 member who has the floor shall not be interrupted by another member
92-14 for any purpose, unless he or she consents to yield to the other
92-15 member. A member desiring to interrupt another in debate should
92-16 first address the speaker for the permission of the member
92-17 speaking. The speaker shall then ask the member who has the floor
92-18 if he or she wishes to yield, and then announce the decision of
92-19 that member. The member who has the floor may exercise personal
92-20 discretion as to whether or not to yield, and it is entirely within
92-21 the member's discretion to determine who shall interrupt and when.
92-22 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
92-23 on recognition of the speaker may not be taken off the floor by a
92-24 motion, even the highly privileged motion to adjourn, but if the
92-25 member yields to another to make a motion or to offer an amendment,
92-26 he or she thereby loses the floor.
92-27 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
93-1 proposition, or the member reporting any measure from a committee,
93-2 or, in the absence of either of them, any other member designated
93-3 by such absentee, shall have the right to open and close the
93-4 debate, and for this purpose may speak each time not more than 20
93-5 minutes.
93-6 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
93-7 limited to 10 minutes in duration, except as provided in Section 27
93-8 of this rule, and the speaker shall call the members to order at
93-9 the expiration of their time. If the house by a majority vote
93-10 extends the time of any member, the extension shall be for 10
93-11 minutes only. A second extension of time shall be granted only by
93-12 unanimous consent. During the last 10 calendar days of the regular
93-13 session, and the last 5 calendar days of a special session, Sundays
93-14 excepted, all speeches shall be limited to 10 minutes and shall not
93-15 be extended. The time limits established by this rule shall
93-16 include time consumed in yielding to questions from the floor.
93-17 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
93-18 speak more than twice on the same question without leave of the
93-19 house, nor more than once until every member choosing to speak has
93-20 spoken, nor shall any member be permitted to consume the time of
93-21 another member without leave of the house being given by a majority
93-22 vote.
93-23 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
93-24 pending question is not disposed of because of an adjournment of
93-25 the house, a member who has spoken twice on the subject shall not
93-26 be allowed to speak again without leave of the house.
93-27 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
94-1 a paper is called for, and objection is made, the matter shall be
94-2 determined by a majority vote of the house, without debate.
94-3 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
94-4 person shall pass between the front and back microphones during
94-5 debate or when a member has the floor and is addressing the house.
94-6 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
94-7 member, in speaking or otherwise, transgresses the rules of the
94-8 house, the speaker shall, or any member may, call the member to
94-9 order, in which case the member so called to order shall
94-10 immediately be seated; however, that member may move for an appeal
94-11 to the house, and if appeal is duly seconded by 10 members, the
94-12 matter shall be submitted to the house for decision by majority
94-13 vote. In such cases, the speaker shall not be required to
94-14 relinquish the chair, as is required in cases of appeals from the
94-15 speaker's decisions. The house shall, if appealed to, decide the
94-16 matter without debate. If the decision is in favor of the member
94-17 called to order, the member shall be at liberty to proceed; but if
94-18 the decision is against the member, he or she shall not be allowed
94-19 to proceed, and, if the case requires it, shall be liable to the
94-20 censure of the house, or such other punishment as the house may
94-21 consider proper.
94-22 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
94-23 proceedings of the house of representatives shall be electronically
94-24 recorded under the direction of the Committee on House
94-25 Administration. Copies of the proceedings may be released under
94-26 guidelines promulgated by the Committee on House Administration.
94-27 CHAPTER D. QUESTIONS OF PRIVILEGE
95-1 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
95-2 privilege shall be:
95-3 (1) those affecting the rights of the house
95-4 collectively, its safety and dignity, and the integrity of its
95-5 proceedings; and
95-6 (2) those affecting the rights, reputation, and
95-7 conduct of members individually in their representative capacity
95-8 only.
95-9 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
95-10 privilege shall have precedence over all other questions except
95-11 motions to adjourn. When in order, a member may address the house
95-12 on a question of privilege, or may at any time print it in the
95-13 journal, provided it contains no reflection on any member of the
95-14 house.
95-15 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
95-16 not be in order for a member to address the house on a question of
95-17 privilege:
95-18 (1) between the time an undebatable motion is offered
95-19 and the vote is taken on the motion;
95-20 (2) between the time the previous question is ordered
95-21 and the vote is taken on the last proposition included under the
95-22 previous question; or
95-23 (3) between the time a motion to table is offered and
95-24 the vote is taken on the motion.
95-25 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
95-26 speaking on privilege, members must confine their remarks within
95-27 the limits of Section 35 of this rule, which will be strictly
96-1 construed to achieve the purposes hereof.
96-2 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
96-3 of a main or subsidiary motion shall not be discussed or debated
96-4 under the guise of speaking to a question of privilege.
96-5 CHAPTER E. VOTING
96-6 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
96-7 votes, except viva voce votes, members shall record their votes on
96-8 the voting machine and shall not be recognized by the chair to cast
96-9 their votes from the floor. If a member attempts to vote from the
96-10 floor, the speaker shall sustain a point of order directed against
96-11 the member's so doing. This rule shall not be applicable to the
96-12 mover or the principal opponent of the proposition being voted on
96-13 nor to a member whose voting machine is out of order.
96-14 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
96-15 registration or vote taken on the voting machine of the house shall
96-16 in all instances be considered the equivalent of a roll call or yea
96-17 and nay vote, which might be had for the same purpose.
96-18 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
96-19 member who has a personal or private interest in any measure or
96-20 bill proposed or pending before the house shall disclose the fact
96-21 and not vote thereon.
96-22 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
96-23 house, a quorum being present, the question shall be divided, if it
96-24 includes propositions so distinct in substance that, one being
96-25 taken away, a substantive proposition remains. A motion for a
96-26 division vote cannot be made after the previous question has been
96-27 ordered, after a motion to table has been offered, after the
97-1 question has been put, nor after the yeas and nays have been
97-2 ordered. Under this subsection, the speaker may divide the
97-3 question into groups of propositions that are closely related.
97-4 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
97-5 present and fails or refuses to vote after being requested to do so
97-6 by the speaker shall be recorded as present but not voting, and
97-7 shall be counted for the purpose of making a quorum.
97-8 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
97-9 member must be on the floor of the house or in an adjacent room or
97-10 hallway on the same level as the house floor, in order to vote<;
97-11 but members who are out of the house when a record vote is taken
97-12 and who wish to be recorded shall be permitted to do so provided:>
97-13 <(1) they were out of the house temporarily, having
97-14 been recorded earlier as present;>
97-15 <(2) the vote is submitted to the journal clerk within
97-16 1 hour of the time the vote was actually registered on the house
97-17 voting machine and the results announced by the chair but not after
97-18 adjournment or recess to another calendar day; and>
97-19 <(3) the recording of their votes does not change the
97-20 result as announced by the chair>.
97-21 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
97-22 each calendar day in which the house is in session, it shall be the
97-23 duty of the voting <reading> clerk to lock the voting machine of
97-24 each member who is excused or who is otherwise known to be absent.
97-25 Each such machine shall remain locked until the member in person
97-26 contacts the journal clerk and personally requests the unlocking of
97-27 the machine. Unless otherwise directed by the speaker, the voting
98-1 <reading> clerk shall not unlock any machine except at the personal
98-2 request of the member to whom the machine is assigned. Any
98-3 violation, or any attempt by a member or employee to circumvent the
98-4 letter or spirit of this section, shall be reported immediately to
98-5 the speaker for such disciplinary action by the speaker, or by the
98-6 house, as may be warranted under the circumstances.
98-7 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
98-8 by the house of knowingly voting for another member on the voting
98-9 machine shall be subject to discipline deemed appropriate by the
98-10 house.
98-11 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
98-12 begun, it may not be interrupted for any reason. While a yea and
98-13 nay vote is being taken, or the vote is being counted, no member
98-14 shall visit the reading clerk's desk or the voting clerk's desk.
98-15 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
98-16 allowed to interrupt the vote or to make any explanation of a vote
98-17 that the member is about to give after the voting machine has been
98-18 opened, but may record in the journal the reasons for giving such a
98-19 vote.
98-20 (b) A "Reason for Vote" must be in writing and filed with
98-21 the journal clerk. If timely received, the "Reason for Vote" shall
98-22 be printed immediately following the results of the vote in the
98-23 journal. Otherwise, "Reasons for Vote" shall be printed in a
98-24 separate section at the end of the journal for the day on which the
98-25 reasons were recorded with the journal clerk <within two hours of
98-26 the time the vote was taken but not after adjournment or recess to
98-27 another calendar day>. Such "Reason for Vote" shall not deal in
99-1 personalities or contain any personal reflection on any member of
99-2 the legislature, the speaker, the lieutenant governor, or the
99-3 governor, and shall not in any other manner transgress the rules of
99-4 the house relating to decorum and debate.
99-5 (c) A member absent when a vote was taken may file with the
99-6 journal clerk while the house is in session a statement of how the
99-7 member would have voted if present. If timely received, the
99-8 statement shall be printed immediately following the results of the
99-9 vote in the journal. Otherwise, statements shall be printed in a
99-10 separate section at the end of the journal for the day on which the
99-11 statements were recorded with the journal clerk <The statement
99-12 shall be printed in the journal on the date filed>.
99-13 Sec. 50. PAIRS. All pairs must be announced before the vote
99-14 is declared by the speaker, and a written statement sent to the
99-15 journal clerk. The statement must be signed by the absent member
99-16 to the pair, or the member's signature must have been authorized in
99-17 writing, by telegraph, or by telephone, and satisfactory evidence
99-18 presented to the speaker if deemed necessary. If authorized by
99-19 telephone, the call must be to and confirmed by the chief clerk in
99-20 advance of the vote to which it applies. Pairs shall be entered in
99-21 the journal, and the member present shall be counted to make a
99-22 quorum.
99-23 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
99-24 desire of any three members present, the yeas and nays of the
99-25 members of the house on any question shall be taken and entered in
99-26 the journal. No member or members shall be allowed to call for a
99-27 yea and nay vote after a vote has been declared by the speaker. A
100-1 motion to expunge a yea and nay vote from the journal shall not be
100-2 in order.
100-3 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
100-4 votes members may have their votes recorded in the journal as "yea"
100-5 or "nay" by filing such information with the journal clerk within 1
100-6 hour of the time the results are announced by the chair but not
100-7 after adjournment or recess to another calendar day.
100-8 Sec. 53. CHANGING A VOTE. Before the result of a vote has
100-9 been finally and conclusively pronounced by the chair, but not
100-10 thereafter, a member may change his or her vote; however, if a
100-11 member's vote is erroneous, the member shall be allowed to change
100-12 that vote at a later time provided:
100-13 (1) the result of the record vote is not changed
100-14 thereby;
100-15 (2) the request is made known to the house by the
100-16 chair and permission for the change is granted by unanimous
100-17 consent; and
100-18 (3) a notation is made in the journal that the
100-19 member's vote was changed.
100-20 Sec. 54. TIE VOTE. All matters on which a vote may be taken
100-21 by the house shall require for adoption a favorable affirmative
100-22 vote as required by these rules, and in the case of a tie vote, the
100-23 matter shall be considered lost.
100-24 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
100-25 result of a yea and nay vote is close, the speaker may on the
100-26 request of any member order a verification vote, or the speaker may
100-27 order a verification on his or her own initiative. During
101-1 verification, no member shall change a vote unless it was
101-2 erroneously recorded, nor may any member not having voted cast a
101-3 vote; however, when the clerk errs in reporting the yeas and nays,
101-4 and correction thereof leaves decisive effect to the speaker's
101-5 vote, the speaker may exercise the right to vote, even though the
101-6 result has been announced. A verification shall be called for
101-7 immediately after the vote is announced. The speaker shall not
101-8 entertain a request for verification after the house has proceeded
101-9 to the next question, or after a recess or an adjournment. A vote
101-10 to recess or adjourn, like any other proposition, may be verified.
101-11 Only one vote verification can be pending at a time. A
101-12 verification may be dispensed with by a two-thirds vote.
101-13 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
101-14 allow the verification of a registration (as differentiated from a
101-15 record vote) if in the speaker's opinion there is serious doubt as
101-16 to the presence of a quorum.
101-17 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
101-18 VERIFICATION. A motion for a call of the house, and all incidental
101-19 motions relating to it, shall be in order pending the verification
101-20 of a vote. These motions must be made before the roll call on
101-21 verification begins, and it shall not be in order to break into the
101-22 roll call to make them.
101-23 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
101-24 If, by an error of the voting clerk or reading clerk in reporting
101-25 the yeas and nays from a registration or verification, the speaker
101-26 announces a result different from that shown by the registration or
101-27 verification, the status of the question shall be determined by the
102-1 vote as actually recorded. If the vote is erroneously announced in
102-2 such a way as to change the true result, all subsequent proceedings
102-3 in connection therewith shall fail, and the journal shall be
102-4 amended accordingly.
102-5 RULE 6. ORDER OF BUSINESS AND CALENDARS
102-6 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
102-7 convenes on a new legislative day, the daily order of business
102-8 shall be as follows:
102-9 (1) Call to order by speaker.
102-10 (2) Registration of members.
102-11 (3) Prayer by chaplain, unless the invocation has been
102-12 given previously on the particular calendar day.
102-13 (4) Excuses for absence of members and officers.
102-14 (5) First reading and reference to committee of bills
102-15 filed with the chief clerk; and motions to introduce bills, when
102-16 such motions are required.
102-17 (6) Requests to print bills and other papers; requests
102-18 of committees for further time to consider papers referred to them;
102-19 and all other routine motions and business not otherwise provided
102-20 for, all of which shall be undebatable except that the mover and
102-21 one opponent of the motion shall be allowed three minutes each.
102-22 The mover of a routine motion shall be allowed his or her
102-23 choice of making the opening or the closing speech under this rule.
102-24 If the house, under a suspension of the rules, extends the time of
102-25 a member under this rule, such extensions shall be for three
102-26 minutes. Subsidiary motions that are applicable to routine motions
102-27 shall be in order, but the makers of such subsidiary motions shall
103-1 not be entitled to speak thereon in the routine motion period, nor
103-2 shall the authors of the original routine motions be allowed any
103-3 additional time because of subsidiary motions.
103-4 (7) Unfinished business.
103-5 (8) Postponed matters to be laid before the house in
103-6 accordance with Rule 7, Section 15.
103-7 (9) Calendars of the house in their order of priority
103-8 in accordance with Section 7 of this rule, unless a different order
103-9 is determined under other provisions of these rules.
103-10 (b) When the house reconvenes for the first time on a new
103-11 calendar day following a recess, the daily order of business shall
103-12 be:
103-13 (1) Call to order by the speaker.
103-14 (2) Registration of members.
103-15 (3) Prayer by the chaplain.
103-16 (4) Excuses for absence of members and officers.
103-17 (5) Pending business.
103-18 (6) Calendars of the house in their order of priority
103-19 in accordance with Section 7 of this rule, unless a different order
103-20 is determined under other provisions of these rules.
103-21 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
103-22 measure may on any day be made a special order for the same day or
103-23 for a future day of the session by an affirmative vote of
103-24 two-thirds of the members present. A motion to set a special order
103-25 shall be subject to the three-minute pro and con debate rule. When
103-26 once established as a special order, a bill, resolution, or other
103-27 measure shall be considered from day to day until disposed of; and
104-1 until it has been disposed of, no further special orders shall be
104-2 made.
104-3 A three-fourths vote of the members present shall be required
104-4 to suspend the portion of this rule which specifies that only one
104-5 special order may be made and pending at a time.
104-6 (b) After the first six items under the daily order of
104-7 business for a legislative day have been passed, a special order
104-8 shall have precedence when the hour for its consideration has
104-9 arrived, except as provided in Section 9 of this rule.
104-10 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
104-11 may be postponed to a day certain by a two-thirds vote of those
104-12 present, and when so postponed, shall be considered as disposed of
104-13 so far as its place as a special order is concerned.
104-14 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
104-15 resolution laid on the table subject to call may be made a special
104-16 order.
104-17 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
104-18 motion is pending to set a particular bill or resolution as a
104-19 special order, it shall not be in order to move as a substitute to
104-20 set another bill or resolution as a special order. It shall be in
104-21 order, however, to substitute, by majority vote, a different time
104-22 for the special order consideration than that given in the original
104-23 motion.
104-24 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
104-25 If a member moves to set a bill or joint resolution as a special
104-26 order, or moves to suspend the rules to take up a bill or joint
104-27 resolution out of its regular order, and the motion prevails, the
105-1 member shall not have the right to make either of these motions
105-2 again until every other member has had an opportunity, via either
105-3 of these motions, to have some bill or joint resolution considered
105-4 out of its regular order during that session of the legislature. A
105-5 member shall not lose the suspension privilege if the motion to
105-6 suspend or set for special order does not prevail.
105-7 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
105-8 the house shall be controlled by a system of calendars, consisting
105-9 of the following:
105-10 (1) EMERGENCY CALENDAR, on which shall appear bills
105-11 considered to be of such pressing and imperative import as to
105-12 demand immediate action, bills to raise revenue and levy taxes,
105-13 and the general appropriations bill. A bill submitted as an
105-14 emergency matter by the governor may also be placed on this
105-15 calendar.
105-16 (2) MAJOR STATE CALENDAR, on which shall appear bills
105-17 of statewide effect, not emergency in nature, which establish or
105-18 change state policy in a major field of governmental activity and
105-19 which will have a major impact in application throughout the state
105-20 without regard to class, area, or other limiting factors.
105-21 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
105-22 appear joint resolutions proposing amendments to the Texas
105-23 Constitution, <and> joint resolutions proposing the ratification of
105-24 amendments to the Constitution of the United States, and joint
105-25 <concurrent> resolutions applying to Congress for a convention to
105-26 amend the Constitution of the United States.
105-27 (4) GENERAL STATE CALENDAR, on which shall appear
106-1 bills of statewide effect, not emergency in nature, which establish
106-2 or change state law and which have application to all areas but are
106-3 limited in legal effect by classification or other factors which
106-4 minimize the impact to something less than major state policy, and
106-5 bills, not emergency in nature, which are not on a local or consent
106-6 calendar.
106-7 (5) LOCAL CALENDAR, on which shall appear local
106-8 bills, not emergency in nature, as defined by Rule 8, Section
106-9 10(c), and which have been recommended by the appropriate standing
106-10 committee for placement on an appropriate calendar by the
106-11 Committee on Local and Consent Calendars.
106-12 (6) CONSENT CALENDAR, on which shall appear bills, not
106-13 emergency in nature, regardless of extent and scope, on which there
106-14 is such general agreement as to render improbable any opposition to
106-15 the consideration and passage thereof, and which have been
106-16 recommended by the appropriate standing committee for placement on
106-17 an appropriate calendar by the Committee on Local and Consent
106-18 Calendars.
106-19 (7) RESOLUTIONS CALENDAR, on which shall appear house
106-20 resolutions and concurrent resolutions, not emergency in nature and
106-21 not privileged.
106-22 (8) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
106-23 on which shall appear congratulatory and memorial resolutions
106-24 whose sole intent is to congratulate, <or> memorialize, or
106-25 otherwise express concern or commendation <a current or former
106-26 public official or to commemorate an event of national or statewide
106-27 significance>. The Committee on Rules and Resolutions may provide
107-1 separate categories for congratulatory and memorial resolutions.
107-2 <(9) MOTIONS CALENDAR, on which shall appear motions
107-3 which are memorial or congratulatory in nature. The Committee on
107-4 Rules and Resolutions may provide separate categories for
107-5 congratulatory and memorial motions.>
107-6 (b) A calendars committee shall strictly construe and the
107-7 speaker shall strictly enforce this system of calendars.
107-8 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
107-9 resolutions pending in the house shall follow the same procedure
107-10 with regard to calendars as house bills and resolutions, but
107-11 separate calendars shall be maintained for senate bills and
107-12 resolutions, and consideration of them on senate bill days shall
107-13 have priority in the manner and order specified in this rule.
107-14 (b) No other business shall be considered on days devoted to
107-15 the consideration of senate bills when there remain any bills on
107-16 any of the senate calendars, except with the consent of the senate.
107-17 When all senate calendars are clear, the house may proceed to
107-18 consideration of house calendars on senate bill days.
107-19 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
107-20 calendar Thursday of each week, only senate bills and senate
107-21 resolutions shall be taken up and considered, until disposed of.
107-22 Senate bills and senate resolutions shall be considered in the
107-23 order prescribed in Section 7 of this rule on separate senate
107-24 calendars prepared by the Committee on Calendars. In case a senate
107-25 bill or senate resolution is pending at adjournment on calendar
107-26 Thursday, it shall go over to the succeeding calendar Wednesday as
107-27 unfinished business.
108-1 (b) Precedence given in Rule 8 to certain classes of bills
108-2 during the first 60 calendar days of a regular session shall also
108-3 apply to senate bills on senate bill days.
108-4 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
108-5 any house bill is reached on the calendar or is before the house
108-6 for consideration, it shall be the duty of the speaker to give the
108-7 place on the calendar of the house bill to any senate bill
108-8 containing the same subject that has been referred to and reported
108-9 from a committee of the house and to lay the senate bill before the
108-10 house, to be considered in lieu of the house bill.
108-11 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
108-12 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
108-13 the chair of the Committee on Rules and Resolutions shall move to
108-14 designate periods for the consideration of congratulatory and
108-15 memorial calendars. Each such motion shall require a two-thirds
108-16 vote for its adoption. In each instance, the Committee on Rules
108-17 and Resolutions shall prepare and distribute to each member a
108-18 printed calendar at least 24 hours in advance of the hour set for
108-19 consideration. No memorial or congratulatory resolution <or
108-20 motion> will be heard by the full house without having first been
108-21 approved, at least 24 hours in advance, through the committee
108-22 process by the Committee on Rules and Resolutions. If the
108-23 Committee on Rules and Resolutions determines that a resolution is
108-24 not eligible for placement on the congratulatory and memorial
108-25 calendar the measure shall be sent to the Committee on Calendars
108-26 for further action. A congratulatory and memorial calendar will
108-27 contain the resolution <or motion> number, the author's name, and a
109-1 brief description of the intent of the resolution <or motion>. On
109-2 the congratulatory and memorial calendar, congratulatory
109-3 resolutions may be listed separately from memorial resolutions <and
109-4 congratulatory motions may be listed separately from memorial
109-5 motions>. Once a printed calendar is distributed, no additional
109-6 resolutions <or motions> will be added to it, and the requirements
109-7 of this section shall not be subject to suspension.
109-8 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
109-9 MEMORIAL CALENDARS. During the consideration of a congratulatory
109-10 and memorial calendar, resolutions shall not be read in full unless
109-11 they pertain to members or former members of the legislature, or
109-12 unless the intended recipient of the resolution is present on the
109-13 house floor or in the gallery. All other such resolutions <and all
109-14 motions> shall be read only by number, type of resolution <or
109-15 motion>, and name of the person or persons designated in the
109-16 resolutions <or motions>. Members shall notify the chair, in
109-17 advance of consideration of the calendar, of any resolutions that
109-18 will be required to be read in full. In addition, the following
109-19 procedures shall be observed:
109-20 (1) The chair shall recognize the reading clerk to
109-21 read the resolutions <and motions> within each category on the
109-22 calendar only by number, type of resolution <or motion>, author or
109-23 sponsor, and name of the person or persons designated in the
109-24 resolutions <or motions>, except for those resolutions that have
109-25 been withdrawn or that are required to be read in full. The
109-26 resolutions <and motions> read by the clerk shall then be adopted
109-27 in one motion for each category.
110-1 (2) Subsequent to the adoption of the resolutions <and
110-2 motions> read by the clerk, the chair shall proceed to lay before
110-3 the house the resolutions on the calendar that are required to be
110-4 read in full. Each such resolution shall be read and adopted
110-5 individually.
110-6 (3) If it develops that any resolution on the
110-7 congratulatory and memorial calendar does not belong on that
110-8 calendar, the chair shall withdraw the resolution from further
110-9 consideration, remove it from the calendar, and refer it to the
110-10 appropriate calendars committee for placement on the proper
110-11 calendar.
110-12 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
110-13 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
110-14 the chair of the Committee on Local and Consent Calendars shall
110-15 move to designate periods for the consideration of local, consent,
110-16 and resolutions calendars. Each such motion shall require a
110-17 two-thirds vote for its adoption. In each instance, the Committee
110-18 on Local and Consent Calendars shall prepare and distribute to each
110-19 member a printed calendar at least 48 hours in advance of the hour
110-20 set for consideration. Once a printed calendar is distributed, no
110-21 additional bills or resolutions will be added to it. This
110-22 requirement can be suspended only by unanimous consent. No local,
110-23 consent, and resolutions calendar may be considered by the house if
110-24 it is determined that the rules of the house were not complied with
110-25 by the Committee on Local and Consent Calendars in preparing that
110-26 calendar.
110-27 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
111-1 RESOLUTIONS CALENDARS. During the consideration of a local,
111-2 consent, and resolutions calendar set by the Committee on Local
111-3 and Consent Calendars the following procedures shall be observed:
111-4 (1) The chair shall allow the sponsor of each bill or
111-5 resolution three minutes to explain the measure, and the time shall
111-6 not be extended except by unanimous consent of the house. This
111-7 rule shall have precedence over all other rules limiting time for
111-8 debate.
111-9 (2) If it develops that any bill on the local
111-10 calendar of a local, consent, and resolutions calendar is not in
111-11 fact local, as defined by the rules, the chair shall withdraw the
111-12 bill from further consideration and remove it from the calendar.
111-13 (3) If it develops that any bill or resolution on a
111-14 local, consent, and resolutions calendar is to be contested on the
111-15 floor of the house, the chair shall withdraw the bill or resolution
111-16 from further consideration and remove it from the calendar.
111-17 (4) Any bill or resolution on a local, consent, and
111-18 resolutions calendar shall be considered contested if notice is
111-19 given by five or more members that they intend to oppose the bill
111-20 or resolution, either by a raising of hands or the delivery of
111-21 written notice to the chair.
111-22 (5) Any bill or resolution on a local, consent, and
111-23 resolutions calendar shall be considered contested if debate
111-24 exceeds 10 minutes. The chair shall strictly enforce this time
111-25 limit and automatically withdraw the bill from further
111-26 consideration if the time limit herein imposed is exceeded.
111-27 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
112-1 local calendars, consent calendars, resolutions calendars, and
112-2 congratulatory and memorial calendars, consideration of calendars
112-3 shall be in the order named in Section 7 of this rule, subject to
112-4 any exceptions ordered by the Committee on Calendars. With respect
112-5 to a particular calendar, bills and resolutions on third reading
112-6 shall have precedence over bills and resolutions on second reading.
112-7 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
112-8 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
112-9 printed daily when the house is in session. A printed copy of each
112-10 calendar shall be placed in the newspaper mailbox of each member at
112-11 least 36 hours if convened in regular session and 24 hours if
112-12 convened in special session before the calendar may be considered
112-13 by the house. Deviations from the calendars as printed and
112-14 distributed shall not be permitted except that the Committee on
112-15 Calendars shall be authorized to print and distribute, not later
112-16 than two hours before the house convenes, a supplemental daily
112-17 house calendar, on which shall appear:
112-18 (1) bills or resolutions which were passed to third
112-19 reading on the previous legislative day;
112-20 (2) bills or resolutions which appeared on the Daily
112-21 House Calendar for a previous calendar day which were not reached
112-22 for floor consideration;
112-23 (3) postponed business from a previous calendar day;
112-24 and
112-25 (4) notice to take from the table a bill or resolution
112-26 which was laid on the table subject to call on a previous
112-27 legislative day.
113-1 In addition to the items listed above, the bills and
113-2 resolutions from a daily house calendar that will be eligible for
113-3 consideration may be incorporated, in their proper order as
113-4 determined by these rules, into the supplemental daily house
113-5 calendar.
113-6 (b) In addition, when the volume of legislation shall
113-7 warrant, and upon request of the speaker, the chief clerk shall
113-8 have printed and distributed to the members, a list of Items
113-9 Eligible for Consideration, on which shall appear only:
113-10 (1) house bills with senate amendments that are
113-11 eligible for consideration under Rule 13, Section 5;
113-12 (2) senate bills for which the senate has requested
113-13 appointment of a conference committee; and
113-14 (3) conference committee reports that are eligible for
113-15 consideration under Rule 13, Section 10.
113-16 (c) A copy of the list of Items Eligible for Consideration
113-17 must be placed in the newspaper mailbox of each member at least six
113-18 hours before the list may be considered by the house.
113-19 (d) The time at which the copies of a calendar or list are
113-20 placed in the newspaper mailboxes of the members shall be
113-21 time-stamped on the originals of the calendar or list.
113-22 (e) No house calendar shall be eligible for consideration if
113-23 it is determined that the rules of the house were not complied with
113-24 by the Committee on Calendars in preparing that calendar.
113-25 (f) If the Committee on Calendars has proposed a rule for
113-26 floor consideration of a bill or resolution that is eligible to be
113-27 placed on a calendar of the daily house calendar, the rule must be
114-1 printed and a copy distributed to each member. If the bill or
114-2 resolution to which the rule will apply has already been placed on
114-3 a calendar of the daily house calendar, a copy of the rule must be
114-4 attached to the printed calendar on which the bill or resolution
114-5 appears. The speaker shall lay a proposed rule before the house
114-6 prior to the consideration of the bill or resolution to which the
114-7 rule will apply. The rule may be laid before the house anytime
114-8 after a copy of the rule has been distributed to each member in
114-9 accordance with this subsection. The rule shall not be subject to
114-10 amendment, but to be effective, the rule must be approved by the
114-11 house by an affirmative vote of a majority of those members present
114-12 and voting. If approved by the house in accordance with this
114-13 subsection, the rule will be effective for the consideration of the
114-14 bill or resolution on both second and third readings.
114-15 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
114-16 is placed on its appropriate calendar under these rules, and has
114-17 appeared on a house calendar, as printed and distributed to all
114-18 members, the bill shall retain its relative position on the
114-19 calendar until reached for floor consideration, and the calendars
114-20 committee with jurisdiction over the bill or resolution shall have
114-21 no authority to place other bills on the calendar ahead of that
114-22 bill, but all additions to the calendar shall appear subsequent to
114-23 the bill.
114-24 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. No bill
114-25 or resolution shall be placed on a calendar until:
114-26 (1) it has been referred to and reported from its
114-27 appropriate standing committee by favorable committee action; or
115-1 (2) it is ordered printed on minority report or after
115-2 a committee has reported its inability to recommend a course of
115-3 action.
115-4 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
115-5 resolutions, on being reported from committee, shall be referred
115-6 immediately to the chief clerk for printing and then to the
115-7 appropriate calendars committee for placement on the appropriate
115-8 calendar.
115-9 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR.
115-10 Within 30 calendar days after a bill or resolution has been
115-11 referred to the appropriate calendars committee, the committee must
115-12 vote on whether to place the bill or resolution on one of the
115-13 calendars of the daily house calendar or the local, consent, and
115-14 resolutions calendar, as applicable. A vote against placement of
115-15 the bill or resolution on a calendar does not preclude a calendars
115-16 committee from later voting in favor of placement of the bill or
115-17 resolution on a calendar.
115-18 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill
115-19 or resolution has been in the appropriate calendars committee for
115-20 30 calendar days, exclusive of the calendar day on which it was
115-21 referred, awaiting placement on one of the calendars of the daily
115-22 house calendar or local, consent, and resolutions calendar, it
115-23 shall be in order for a member to move that the bill or resolution
115-24 be placed on a specific calendar of the daily house calendar or
115-25 local, consent, and resolutions calendar without action by the
115-26 committee. This motion must be seconded by five members and shall
115-27 require a majority vote for adoption.
116-1 (b) A motion to place a bill or resolution on a specific
116-2 calendar of the daily house calendar or local, consent, and
116-3 resolutions calendar is not a privileged motion and must be made
116-4 during the routine motion period unless made under a suspension of
116-5 the rules.
116-6 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, OR
116-7 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
116-8 for placement on a local, consent, or resolutions calendar by the
116-9 Committee on Local and Consent Calendars unless a request for that
116-10 placement has been made to the chair of the standing committee
116-11 from which the bill or resolution was reported and unless the
116-12 committee report of the standing committee recommends that the bill
116-13 or resolution be sent to the Committee on Local and Consent
116-14 Calendars for placement on an appropriate calendar. The
116-15 recommendation of the standing committee shall be advisory only,
116-16 and the Committee on Local and Consent Calendars shall have final
116-17 authority to determine whether or not a bill or resolution shall be
116-18 placed on a local, consent, or resolutions calendar. If the
116-19 Committee on Local and Consent Calendars determines that the bill
116-20 or resolution is not eligible for placement on a local, consent,
116-21 or resolutions calendar, the measure shall be sent to the Committee
116-22 on Calendars for further action.
116-23 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON A LOCAL, CONSENT,
116-24 OR RESOLUTIONS CALENDAR. (a) No bill shall be placed on the
116-25 local calendar unless:
116-26 (1) it is a local bill as defined by Rule 8, Section
116-27 10(c);
117-1 (2) evidence of publication of notice in compliance
117-2 with the Texas Constitution and these rules is filed with the
117-3 Committee on Local and Consent Calendars; and
117-4 (3) it has been recommended unanimously by the present
117-5 and voting members of the committee from which it was reported that
117-6 the bill be sent to the Committee on Local and Consent Calendars
117-7 for placement on an appropriate calendar.
117-8 (b) No bill which limits its application by means of
117-9 population brackets shall be placed on the local calendar.
117-10 (c) No bill shall be placed on a consent calendar unless it
117-11 has been recommended unanimously by the present and voting members
117-12 of the committee from which it was reported that the bill be sent
117-13 to the Committee on Local and Consent Calendars for placement on
117-14 an appropriate calendar.
117-15 (d) No resolution shall be placed on a resolutions calendar
117-16 by the Committee on Local and Consent Calendars unless it has been
117-17 recommended unanimously by the present and voting members of the
117-18 committee from which it was reported that the resolution be sent to
117-19 the Committee on Local and Consent Calendars for placement on an
117-20 appropriate calendar.
117-21 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
117-22 bill or resolution once removed from a local calendar, consent
117-23 calendar, or resolutions calendar shall be returned to the
117-24 Committee on Local and Consent Calendars for further action. The
117-25 Committee on Local and Consent Calendars, if it feels such action
117-26 is warranted, may again place the bill or resolution on a local
117-27 calendar, consent calendar, or resolutions calendar, provided,
118-1 however, that if the bill or resolution is not placed on a calendar
118-2 of the next local, consent, and resolutions calendar set by the
118-3 Committee on Local and Consent Calendars, the bill or resolution
118-4 shall immediately be referred to the Committee on Calendars for
118-5 further action. If the bill or resolution is then removed from the
118-6 calendar a second time by being contested on the floor of the
118-7 house, the bill or resolution shall not again be placed on a local
118-8 calendar, consent calendar, or resolutions calendar by the
118-9 Committee on Local and Consent Calendars during that session of the
118-10 legislature but shall be returned to the Committee on Calendars for
118-11 further action.
118-12 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
118-13 the limitations contained in this rule, the Committee on Calendars
118-14 shall have full authority to make placements on calendars in
118-15 whatever order is necessary and desirable under the circumstances
118-16 then existing, except that bills on third reading on a particular
118-17 calendar shall have precedence over bills on second reading on the
118-18 same calendar. It is the intent of the calendar system to give the
118-19 Committee on Calendars wide discretion to insure adequate
118-20 consideration by the house of important legislation.
118-21 RULE 7. MOTIONS
118-22 CHAPTER A. GENERAL MOTIONS
118-23 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
118-24 motions, in addition to any elsewhere provided herein, shall be
118-25 decided without debate, except as otherwise provided in these
118-26 rules:
118-27 (1) to adjourn;
119-1 (2) to lay on the table;
119-2 (3) to lay on the table subject to call;
119-3 (4) to suspend the rule as to the time for
119-4 introduction of bills;
119-5 (5) to order a call of the house, and all motions
119-6 incidental thereto;
119-7 (6) an appeal by a member called to order;
119-8 (7) on questions relating to priority of business;
119-9 (8) to amend the caption of a bill or resolution;
119-10 (9) to extend the time of a member speaking under the
119-11 previous question or to allow a member who has the right to speak
119-12 after the previous question is ordered to yield the time, or a part
119-13 of it, to another;
119-14 (10) to reconsider and table.
119-15 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
119-16 the mover and one opponent of the motion three minutes each during
119-17 which to debate the following motions without debating the merits
119-18 of the bill, resolution, or other matter, and the mover of the
119-19 motion may elect to either open the debate or close the debate, but
119-20 the mover's time may not be divided:
119-21 (1) to suspend the regular order of business and take
119-22 up some measure out of its regular order;
119-23 (2) to instruct a committee to report a certain bill
119-24 or resolution;
119-25 (3) to rerefer a bill or resolution from one committee
119-26 to another;
119-27 (4) to place a bill or resolution on a specific
120-1 calendar without action by the appropriate calendars committee;
120-2 (5) to take up a bill or resolution laid on the table
120-3 subject to call;
120-4 (6) to set a special order;
120-5 (7) to suspend the rules;
120-6 (8) to suspend the constitutional rule requiring bills
120-7 to be read on three several days;
120-8 (9) to pass a resolution suspending the joint rules;
120-9 (10) to order the previous question;
120-10 (11) to order the limiting of amendments to a bill or
120-11 resolution;
120-12 (12) to print documents, reports, or other material in
120-13 the journal;
120-14 (13) to take any other action required or permitted
120-15 during the routine motion period by Rule 6, Section 1;
120-16 (14) to divide the question.
120-17 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
120-18 under debate, the following motions, and none other, shall be in
120-19 order, and such motions shall have precedence in the following
120-20 order:
120-21 (1) to adjourn;
120-22 (2) to take recess;
120-23 (3) to lay on the table;
120-24 (4) to lay on the table subject to call;
120-25 (5) for the previous question;
120-26 (6) to postpone to a day certain;
120-27 (7) to commit, recommit, refer, or rerefer;
121-1 (8) to amend by striking out the enacting or resolving
121-2 clause, which, if carried, shall have the effect of defeating the
121-3 bill or resolution;
121-4 (9) to amend;
121-5 (10) to postpone indefinitely.
121-6 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
121-7 been made, the speaker shall state it, or if it is in writing,
121-8 order it read by the clerk; and it shall then be in possession of
121-9 the house.
121-10 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
121-11 the house and entertained by the speaker shall be reduced to
121-12 writing on the demand of any member, and shall be entered on the
121-13 journal with the name of the member making it.
121-14 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
121-15 by the mover at any time before a decision on the motion, even
121-16 though an amendment may have been offered and is pending. It
121-17 cannot be withdrawn, however, if the motion has been amended.
121-18 After the previous question has been ordered, a motion can be
121-19 withdrawn only by unanimous consent.
121-20 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
121-21 or recess shall always be in order, except:
121-22 (1) when the house is voting on another motion;
121-23 (2) when the previous question has been ordered and
121-24 before the final vote on the main question, unless a roll call
121-25 shows the absence of a quorum;
121-26 (3) when a member entitled to the floor has not
121-27 yielded for that purpose; or
122-1 (4) when no business has been transacted since a
122-2 motion to adjourn or recess has been defeated.
122-3 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
122-4 RECESS. When several motions to recess or adjourn are made at the
122-5 same period, the motion to adjourn carrying the shortest time shall
122-6 be put first, then the next shortest time, and in that order until
122-7 a motion to adjourn has been adopted or until all have been voted
122-8 on and lost; and then the same procedure shall be followed for
122-9 motions to recess.
122-10 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
122-11 RECESS. A motion to adjourn or recess may not be withdrawn when it
122-12 is one of a series upon which voting has commenced, nor may an
122-13 additional motion to adjourn or recess be made when voting has
122-14 commenced on a series of such motions.
122-15 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
122-16 vote by which a motion to adjourn or recess is carried or lost
122-17 shall not be subject to a motion to reconsider.
122-18 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
122-19 number of members than a quorum may adjourn from day to day, and
122-20 may compel the attendance of absent members.
122-21 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
122-22 carried, shall have the effect of killing the bill, resolution,
122-23 amendment, or other immediate proposition to which it was applied.
122-24 Such a motion shall not be debatable, but the mover of the
122-25 proposition to be tabled, or the member reporting it from
122-26 committee, shall be allowed to close the debate after the motion to
122-27 table is made and before it is put to a vote. When a motion to
123-1 table is made to a debatable main motion, the main motion mover
123-2 shall be allowed 20 minutes to close the debate, whereas the movers
123-3 of other debatable motions sought to be tabled shall be allowed
123-4 only 10 minutes to close. The vote by which a motion to table is
123-5 carried or lost cannot be reconsidered. After the previous
123-6 question has been ordered, a motion to table is not in order. The
123-7 provisions of this section do not apply to motions to "lay on the
123-8 table subject to call"; however, a motion to lay on the table
123-9 subject to call cannot be made after the previous question has been
123-10 ordered.
123-11 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
123-12 resolution, or other matter is pending before the house, it may be
123-13 laid on the table subject to call, and one legislative day's
123-14 notice, as printed on the Supplemental House Calendar, must be
123-15 given before the proposition can be taken from the table, unless it
123-16 is on the same legislative day, in which case it can be taken from
123-17 the table at any time except when there is another matter pending
123-18 before the house. A bill, resolution, or other matter can be taken
123-19 from the table only by a majority vote of the house. When a
123-20 special order is pending, a motion to take a proposition from the
123-21 table cannot be made unless the proposition is a privileged
123-22 matter.
123-23 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
123-24 certain may be amended and is debatable within narrow limits, but
123-25 the merits of the proposition sought to be postponed cannot be
123-26 debated. A motion to postpone indefinitely opens to debate the
123-27 entire proposition to which it applies.
124-1 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
124-2 to a day certain shall be laid before the house at the time on the
124-3 calendar day to which it was postponed, provided it is otherwise
124-4 eligible under the rules and no other business is then pending. If
124-5 business is pending, the postponed matter shall be deferred until
124-6 the pending business is disposed of without prejudice otherwise to
124-7 its right of priority. When a privileged matter is postponed to a
124-8 particular time, and that time arrives, the matter, still retaining
124-9 its privileged nature, shall be taken up even though another matter
124-10 is pending.
124-11 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
124-12 two or more bills, resolutions, or other propositions are postponed
124-13 to the same time, and are otherwise eligible for consideration at
124-14 that time, they shall be considered in the chronological order of
124-15 their setting.
124-16 Sec. 17. MOTION TO REFER. When motions are made to refer a
124-17 subject to a select or standing committee, the question on the
124-18 subject's referral to a standing committee shall be put first.
124-19 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
124-20 after being defeated at the routine motion period, may again be
124-21 made when the bill itself is under consideration; however, a motion
124-22 to recommit a bill shall not be in order at the routine motion
124-23 period if the bill is then before the house as either pending
124-24 business or unfinished business.
124-25 A motion to recommit a bill or resolution can be made and
124-26 voted on even though the author, sponsor, or principal proponent is
124-27 not present.
125-1 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
125-2 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
125-3 recommit is debatable within narrow limits, but the merits of the
125-4 proposition may not be brought into the debate. A motion to refer,
125-5 rerefer, commit, or recommit with instructions is fully
125-6 debatable.
125-7 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
125-8 Except as provided in Rule 4, Section 30, when a bill has been
125-9 recommitted once at any reading and has been reported adversely by
125-10 the committee to which it was referred, it shall be in order to
125-11 again recommit the bill only if a minority report has been filed in
125-12 the time required by the rules of the house. A two-thirds vote of
125-13 those present shall be required to recommit a second time.
125-14 CHAPTER B. MOTION FOR THE PREVIOUS
125-15 QUESTION
125-16 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
125-17 motion for the previous question, which shall be admitted only when
125-18 seconded by 25 members. It shall be put by the chair in this
125-19 manner: "The motion has been seconded. Three minutes pro and con
125-20 debate will be allowed on the motion for ordering the previous
125-21 question." As soon as the debate has ended, the chair shall
125-22 continue: "As many as are in favor of ordering the previous
125-23 question on (here state on which question or questions) will say
125-24 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
125-25 other propositions, a motion for the previous question may be taken
125-26 by a record vote if demanded by three members. If ordered by a
125-27 majority of the members voting, a quorum being present, it shall
126-1 have the effect of cutting off all debate, except as provided in
126-2 Section 23 of this rule, and bringing the house to a direct vote on
126-3 the immediate question or questions on which it has been asked and
126-4 ordered.
126-5 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
126-6 motion for the previous question, there shall be no debate except
126-7 as provided in Sections 2 and 21 of this rule. All incidental
126-8 questions of order made pending decision on such motion shall be
126-9 decided, whether on appeal or otherwise, without debate.
126-10 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
126-11 ORDERED. After the previous question has been ordered, there shall
126-12 be no debate upon the questions on which it has been ordered, or
126-13 upon the incidental questions, except that the mover of the
126-14 proposition or any of the pending amendments or any other motions,
126-15 or the member making the report from the committee, or, in the case
126-16 of the absence of either of them, any other member designated by
126-17 such absentee, shall have the right to close the debate on the
126-18 particular proposition or amendment. Then a vote shall be taken
126-19 immediately on the amendments or other motions, if any, and then on
126-20 the main question.
126-21 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
126-22 ORDERED. All members having the right to speak after the previous
126-23 question has been ordered shall speak before the question is put on
126-24 the first proposition covered by the previous question. All votes
126-25 shall then be taken in the correct order, and no vote or votes
126-26 shall be deferred to allow any member to close on any one of the
126-27 propositions separately after the voting has commenced.
127-1 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
127-2 amendment has been substituted and the previous question is then
127-3 moved on the adoption of the amendment as substituted, the author
127-4 of the amendment as substituted shall have the right to close the
127-5 debate on that amendment in lieu of the author of the original
127-6 amendment.
127-7 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
127-8 the previous question is ordered on a motion to postpone
127-9 indefinitely or to amend by striking out the enacting clause of a
127-10 bill, the member moving to postpone or amend shall have the right
127-11 to close the debate on that motion or amendment, after which the
127-12 mover of the proposition or bill proposed to be so postponed or
127-13 amended, or the member reporting it from the committee, or, in the
127-14 absence of either of them, any other member designated by the
127-15 absentee, shall be allowed to close the debate on the original
127-16 proposition.
127-17 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
127-18 question may be asked and ordered on any debatable single motion or
127-19 series of motions, or any amendment or amendments pending, or it
127-20 may be made to embrace all authorized debatable motions or
127-21 amendments pending and include the bill, resolution, or proposition
127-22 that is on second or third reading. The previous question cannot
127-23 be ordered, however, on the main proposition without including
127-24 other pending motions of lower rank as given in Section 3 of this
127-25 rule.
127-26 Sec. 28. LIMIT OF APPLICATION. The previous question shall
127-27 not extend beyond the final vote on a motion or sequence of motions
128-1 to which the previous question has been ordered.
128-2 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
128-3 Amendments on the speaker's desk for consideration which have not
128-4 actually been laid before the house and read cannot be included
128-5 under a motion for the previous question.
128-6 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
128-7 TABLE. If a motion to table is made directly to a main motion, the
128-8 motion for the previous question is not in order. In a case where
128-9 an amendment to a main motion is pending, and a motion to table the
128-10 amendment is made, it is in order to move the previous question on
128-11 the main motion, the pending amendment, and the motion to table the
128-12 amendment.
128-13 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
128-14 There is no acceptable substitute for a motion for the previous
128-15 question, nor can other motions be applied to it.
128-16 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
128-17 TABLING. The motion for the previous question is not subject to a
128-18 motion to table.
128-19 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
128-20 QUESTION ACCEPTED. The motion to adjourn is not in order after a
128-21 motion for the previous question is accepted by the chair, or after
128-22 the seconding of such motion and before a vote is taken.
128-23 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
128-24 After the previous question has been ordered, no motion shall be in
128-25 order until the question or questions on which it was ordered have
128-26 been voted on, without debate, except:
128-27 (1) a motion for a call of the house, and motions
129-1 incidental thereto;
129-2 (2) a motion to extend the time of a member closing on
129-3 a proposition;
129-4 (3) a motion to permit a member who has the right to
129-5 speak to yield the time or a part thereof to another member;
129-6 (4) a request for and a verification of a vote;
129-7 (5) a motion to reconsider the vote by which the
129-8 previous question was ordered. A motion to reconsider may be made
129-9 only once and that must be before any vote under the previous
129-10 question has been taken;
129-11 (6) a motion to table a motion to reconsider the vote
129-12 by which the previous question has been ordered;
129-13 (7) a double motion to reconsider and table the vote
129-14 by which the previous question was ordered.
129-15 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
129-16 ORDERED. No motion for an adjournment or a recess shall be in
129-17 order after the previous question is ordered until the final vote
129-18 under the previous question has been taken, unless the roll call
129-19 shows the absence of a quorum.
129-20 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
129-21 adjourns without a quorum under the previous question, the previous
129-22 question shall remain in force and effect when the bill,
129-23 resolution, or other proposition is again laid before the house.
129-24 CHAPTER C. RECONSIDERATION
129-25 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
129-26 question has been decided by the house, any member voting with the
129-27 prevailing side may, on the same legislative day, or on the next
130-1 legislative day, move a reconsideration; however, if a
130-2 reconsideration is moved on the next legislative day, it must be
130-3 done before the order of the day, as designated in the ninth item
130-4 of Rule 6, Section 1(a), is taken up. If the house refuses to
130-5 reconsider, or on reconsideration, affirms its decision, no further
130-6 action to reconsider shall be in order.
130-7 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
130-8 yeas and nays have not been called for and recorded, any member,
130-9 regardless of whether he or she voted on the prevailing side or
130-10 not, may make the motion to reconsider; however, even when the yeas
130-11 and nays have not been recorded, the following shall not be
130-12 eligible to make a motion to reconsider:
130-13 (1) a member who was absent;
130-14 (2) a member who was paired and, therefore, did not
130-15 vote; and
130-16 (3) a member who was recorded in the journal as having
130-17 voted on the losing side.
130-18 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
130-19 reconsider shall be debatable only when the question to be
130-20 reconsidered is debatable. Even though the previous question was
130-21 in force before the vote on a debatable question was taken, debate
130-22 is permissible on the reconsideration of such debatable question.
130-23 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
130-24 shall be decided by a majority vote, even though the vote on the
130-25 original question requires a two-thirds vote for affirmative
130-26 action. If the motion to reconsider prevails, the question then
130-27 immediately recurs on the question reconsidered.
131-1 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
131-2 reconsider cannot be withdrawn unless permission is given by a
131-3 majority vote of the house, and the motion may be called up by any
131-4 member.
131-5 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
131-6 reconsider shall be subject to a motion to table, which, if
131-7 carried, shall be a final disposition of the motion to
131-8 reconsider.
131-9 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
131-10 motion to reconsider and table shall be in order. It shall be
131-11 undebatable. When carried, the motion to reconsider shall be
131-12 tabled. When it fails, the question shall then be on the motion to
131-13 reconsider, and the motion to reconsider shall, without further
131-14 action, be spread on the journal, but it may be called up by any
131-15 member, in accordance with the provisions of Section 44 of this
131-16 rule.
131-17 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
131-18 If a motion to reconsider is not disposed of when made, it shall be
131-19 entered in the journal, and cannot, after that legislative day, be
131-20 called up and disposed of unless one legislative day's notice has
131-21 been given.
131-22 (b) Unless called up and disposed of prior to 72 hours
131-23 before final adjournment of the session, all motions to reconsider
131-24 shall be regarded as determined and lost.
131-25 (c) All motions to reconsider made during the last 72 hours
131-26 of the session shall be disposed of when made; otherwise, the
131-27 motion shall be considered as lost.
132-1 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
132-2 member voting on the prevailing side may make a motion to
132-3 reconsider and spread on the journal, which does not require a
132-4 vote, and on the motion being made, it shall be entered on the
132-5 journal. Any member, regardless of whether he or she voted on the
132-6 prevailing side or not, who desires immediate action on a motion to
132-7 reconsider which has been spread on the journal, can call it up as
132-8 soon as it is made, and demand a vote on it, or can call it up and
132-9 move to table it.
132-10 (b) If the motion to table the motion to reconsider is
132-11 defeated, the motion to reconsider remains spread on the journal
132-12 for future action; however, any member, regardless of whether he or
132-13 she voted on the prevailing side or not, can call the motion from
132-14 the journal for action by the house, and, once disposed of, no
132-15 other motion to reconsider can be made.
132-16 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
132-17 the first 76 calendar days of a regular session, when any bill,
132-18 resolution, or other paper has been in committee for 6 calendar
132-19 days, exclusive of the calendar day on which it was referred, it
132-20 shall be in order for a member to move that the committee be
132-21 required to report the same within 7 calendar days. This motion
132-22 shall require a two-thirds vote for passage.
132-23 (b) After the first 76 calendar days of a regular session,
132-24 when any bill, resolution, or other paper has been in committee for
132-25 6 calendar days, exclusive of the calendar day on which it was
132-26 referred, it shall be in order for a member to move that the
132-27 committee be required to report the same within 7 calendar days.
133-1 This motion shall require a majority vote for passage.
133-2 (c) A motion to instruct a committee to report is not a
133-3 privileged motion and must be made during the routine motion period
133-4 unless made under a suspension of the rules.
133-5 (d) The house shall have no authority to instruct a
133-6 subcommittee directly; however, instructions recognized under the
133-7 rules may be given to a committee and shall be binding on all
133-8 subcommittees.
133-9 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE.
133-10 (a) During the first 76 calendar days of a regular session, when
133-11 any bill, resolution, or other paper has been in committee for 7
133-12 calendar days after the committee was instructed by the house to
133-13 report that measure by a motion made under Section 46 of this rule,
133-14 it shall be in order for a member to move to rerefer the bill,
133-15 resolution, or other paper to a different committee. This motion
133-16 shall require a two-thirds vote for passage.
133-17 (b) After the first 76 calendar days of a regular session,
133-18 when any bill, resolution, or other paper has been in committee for
133-19 7 calendar days after the committee has been instructed to report
133-20 that measure by a motion made under Section 46 of this rule, it
133-21 shall be in order for a member to move to rerefer the bill,
133-22 resolution, or other paper to a different committee. This motion
133-23 shall require a majority vote for passage.
133-24 (c) A motion to rerefer a bill, resolution, or other paper
133-25 from one committee to another committee is not a privileged motion
133-26 and must be made during the routine motion period unless made under
133-27 a suspension of the rules.
134-1 RULE 8. BILLS
134-2 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
134-3 must be incorporated in bills, which shall consist of:
134-4 (1) a title or caption, beginning with the words "A
134-5 Bill to be Entitled An Act" and a brief statement that gives the
134-6 legislature and the public reasonable notice of the subject of the
134-7 proposed measure;
134-8 (2) an enacting clause, "Be It Enacted by the
134-9 Legislature of the State of Texas"; and
134-10 (3) the bill proper.
134-11 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
134-12 revived or amended by reference to its title. The act revived, or
134-13 the section or sections amended, shall be reenacted and published
134-14 at length. This rule does not apply to revisions adopted under
134-15 Article III, Section 43, of the Texas Constitution.
134-16 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
134-17 (except a general appropriations bill, which may embrace the
134-18 various subjects and accounts for which money is appropriated or a
134-19 revision adopted under Article III, Section 43, of the Texas
134-20 Constitution) shall contain only one subject.
134-21 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
134-22 A general law may not be changed by the provisions in an
134-23 appropriations bill.
134-24 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP, <AND>
134-25 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
134-26 resolution may have only one primary author. The signature of the
134-27 primary author shall be the only signature that appears on the
135-1 original measure and all copies filed with the chief clerk. The
135-2 signatures of all coauthors or joint authors shall appear on the
135-3 appropriate forms in the chief clerk's office.
135-4 (b) Any member may become the coauthor of a bill or
135-5 resolution by securing permission from the author. If permission
135-6 is secured from the author prior to the time the measure is filed
135-7 with the chief clerk, the primary author and the coauthor shall
135-8 sign the appropriate form, which shall be included with the measure
135-9 when it is filed with the chief clerk. If a member wishes to
135-10 become the coauthor of a measure after it has been filed, no <No>
135-11 action shall be required by the house, but it shall be the duty of
135-12 the member seeking to be a coauthor to obtain written authorization
135-13 on the appropriate form from the author. This authorization shall
135-14 be filed with the chief clerk before <at the same time that> the
135-15 coauthor signs the form for the bill or resolution. The chief
135-16 clerk shall report daily to the journal clerk the names of members
135-17 filed as coauthors of bills or resolutions. If a coauthor of a
135-18 bill or resolution desires to withdraw from such status, the member
135-19 shall notify the chief clerk, who in turn shall notify the journal
135-20 clerk.
135-21 (c) The primary author of a measure may designate up to four
135-22 joint authors by providing written authorization on the appropriate
135-23 form to the chief clerk. If a member designated as a joint author
135-24 has not already signed on the measure as a coauthor, that member
135-25 must also sign the form before the records will reflect the joint
135-26 author status of that member. The names of all joint authors shall
135-27 be shown immediately following the primary author's name on all
136-1 official printings of the measure, on all house calendars, in the
136-2 house journal, and in the electronic legislative information
136-3 system.
136-4 (d) <(b)> The determination of the house sponsor of a senate
136-5 measure is made at the time the measure is reported from committee.
136-6 In the case of multiple requests for house sponsorship, the house
136-7 sponsor of a senate measure shall be determined by the chair of the
136-8 committee, in consultation with the senate author of the measure.
136-9 The chair of the committee must <may> designate a primary sponsor
136-10 and may designate up to four joint sponsors or an unlimited number
136-11 of <one or more> cosponsors. The names of all joint sponsors shall
136-12 be shown immediately following the primary sponsor's name on all
136-13 official printings of the measure, on all house calendars, in the
136-14 house journal, and in the electronic legislative information
136-15 system.
136-16 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
136-17 Each bill shall be filed with the chief clerk when introduced and
136-18 shall be numbered in its regular order. Each bill shall be read
136-19 first time by caption and referred by the speaker to the
136-20 appropriate committee with jurisdiction.
136-21 Sec. 7. PREFILING. Beginning the first Monday after the
136-22 general election preceding the next regular legislative session, or
136-23 within 30 days prior to any special session, it shall be in order
136-24 to file with the chief clerk bills and resolutions for introduction
136-25 in that session. On receipt of the bills or resolutions, the chief
136-26 clerk shall number them and make them a matter of public record,
136-27 available for distribution. Once a bill or resolution has been so
137-1 filed, it may not be recalled. This shall apply only to
137-2 members-elect of the succeeding legislative session.
137-3 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
137-4 resolutions introduced during the first 60 calendar days of the
137-5 regular session may be considered by the committees and in the
137-6 house and disposed of at any time during the session, in accordance
137-7 with the rules of the house. After the first 60 calendar days of a
137-8 regular session, any bill or joint resolution, except local bills,
137-9 emergency appropriations, and all emergency matters submitted by
137-10 the governor in special messages to the legislature, shall require
137-11 an affirmative vote of four-fifths of those members present and
137-12 voting to be introduced.
137-13 Sec. 9. NUMBER OF COPIES FILED. (a) Eleven <Twelve> copies
137-14 of every bill, except bills relating to conservation and
137-15 reclamation districts and governed by the provisions of Article
137-16 XVI, Section 59, of the Texas Constitution, must be filed with the
137-17 chief clerk at the time that the bill is introduced.
137-18 (b) Thirteen <Fifteen> copies of every bill relating to
137-19 conservation and reclamation districts and governed by the
137-20 provisions of Article XVI, Section 59, of the Texas Constitution,
137-21 with copies of the notice to introduce the bill attached, must be
137-22 filed with the chief clerk at the time that the bill is introduced
137-23 if the bill is intended to:
137-24 (1) create a particular conservation and reclamation
137-25 district; or
137-26 (2) amend the act of a particular conservation and
137-27 reclamation district to:
138-1 (A) add additional land to the district;
138-2 (B) alter the taxing authority of the district;
138-3 (C) alter the authority of the district with
138-4 respect to issuing bonds; or
138-5 (D) alter the qualifications or terms of office
138-6 of the members of the governing body of the district.
138-7 (c) No bill may be laid before the house on first reading
138-8 until it is in compliance with the provisions of this section.
138-9 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
138-10 committee of the house may consider a local bill unless notice of
138-11 intention to apply for the passage of the bill was published as
138-12 provided by law and evidence of the publication was attached to the
138-13 bill on filing with the chief clerk.
138-14 (b) Neither the house nor a committee of the house may
138-15 consider a bill whose application is limited to one or more
138-16 political subdivisions by means of population brackets or other
138-17 artificial devices in lieu of identifying the political subdivision
138-18 or subdivisions by name. However, this subsection does not prevent
138-19 consideration of a bill that classifies political subdivisions
138-20 according to a minimum or maximum population or other criterion
138-21 that bears a reasonable relation to the purpose of the proposed
138-22 legislation or a bill that updates laws based on population
138-23 classifications to conform to a federal decennial census.
138-24 (c) Except as provided by Subsection (d) of this section,
138-25 "local bill" for purposes of this section means:
138-26 (1) a bill for which publication of notice is required
138-27 under Article XVI, Section 59, of the Texas Constitution (water
139-1 districts, etc.);
139-2 (2) a bill for which publication of notice is required
139-3 under Article IX, Section 9, of the Texas Constitution (hospital
139-4 districts);
139-5 (3) a bill relating to hunting, fishing, or
139-6 conservation of wildlife resources of a specified locality;
139-7 (4) a bill creating or affecting a county court or
139-8 statutory court or courts of one or more specified counties or
139-9 municipalities;
139-10 (5) a bill creating or affecting the juvenile board or
139-11 boards of a specified county or counties; or
139-12 (6) a bill creating or affecting a road utility
139-13 district under the authority of Article III, Section 52, of the
139-14 Texas Constitution.
139-15 (d) A bill is not considered to be a local bill under
139-16 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
139-17 localities, counties, or municipalities so as to be of general
139-18 application or of statewide importance.
139-19 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
139-20 considered unless it first has been referred to a committee and
139-21 reported from it.
139-22 (b) After a bill has been recommitted, it shall be
139-23 considered by the committee as a new subject.
139-24 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
139-25 before the house shall be taken up and acted on in the order in
139-26 which they appear on their respective calendars, and each calendar
139-27 shall have the priority accorded to it by the provisions of Rule 6,
140-1 Sections 7 and 8.
140-2 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
140-3 that is local as defined by Section 10(c) of this rule shall be
140-4 considered for any purpose after the 130th day of a regular
140-5 session, except to:
140-6 (1) act on senate amendments;
140-7 (2) adopt a conference committee report;
140-8 (3) reconsider the bill to make corrections; or
140-9 (4) pass the bill notwithstanding the objections of
140-10 the governor.
140-11 (b) No other house bill or joint resolution shall be
140-12 considered for any purpose after the 123rd day of a regular
140-13 session, except to:
140-14 (1) act on senate amendments;
140-15 (2) adopt a conference committee report;
140-16 (3) reconsider the bill or resolution to make
140-17 corrections; or
140-18 (4) pass the bill notwithstanding the objections of
140-19 the governor.
140-20 (c) No senate bill or joint resolution shall be considered
140-21 for any purpose after the 135th day of a regular session, except
140-22 to:
140-23 (1) adopt a conference committee report;
140-24 (2) reconsider the bill or resolution to remove house
140-25 amendments;
140-26 (3) reconsider the bill or resolution to make
140-27 corrections; or
141-1 (4) pass the bill notwithstanding the objections of
141-2 the governor.
141-3 (d) The speaker shall not lay any bill or joint resolution
141-4 before the house or permit a vote to be taken on its passage on the
141-5 136th and 137th days of a regular session, except to:
141-6 (1) act on senate amendments;
141-7 (2) adopt a conference committee report;
141-8 (3) reconsider the bill or resolution to remove house
141-9 amendments;
141-10 (4) reconsider the bill or resolution to make
141-11 corrections; or
141-12 (5) pass the bill notwithstanding the objections of
141-13 the governor.
141-14 (e) The speaker shall not lay any bill or joint resolution
141-15 before the house or permit a vote to be taken on its passage on the
141-16 138th and 139th days of a regular session, except to:
141-17 (1) adopt a conference committee report;
141-18 (2) reconsider the bill or resolution to remove house
141-19 amendments;
141-20 (3) reconsider the bill or resolution to make
141-21 corrections; or
141-22 (4) pass the bill notwithstanding the objections of
141-23 the governor.
141-24 (f) No vote shall be taken upon the passage of any bill or
141-25 resolution within 24 hours of the final adjournment of a regular
141-26 session unless it be to reconsider the bill or resolution to make
141-27 corrections, or to adopt a corrective resolution.
142-1 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
142-2 (a) A printed copy of each bill or resolution, except the general
142-3 appropriations bill, shall be placed in the newspaper mailbox of
142-4 each member at least 36 hours if convened in regular session and 24
142-5 hours if convened in special session before the bill can be
142-6 considered by the house on second reading. A printed copy of the
142-7 general appropriations bill shall be placed in the newspaper
142-8 mailbox of each member at least 168 hours during a regular session
142-9 and at least 72 hours during a special session before the bill can
142-10 be considered by the house on second reading.
142-11 (b) By majority vote, the house may order both the original
142-12 bill or resolution and the complete committee substitute to be
142-13 printed. It shall not be necessary for the house to order complete
142-14 committee substitutes printed in lieu of original bills.
142-15 (c) A two-thirds vote of the house is necessary to order
142-16 that bills, other than local bills, be not printed. It shall not
142-17 be necessary for the house to order that local bills be not
142-18 printed.
142-19 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
142-20 have the force of law until it has been read on three several
142-21 legislative days in each house and free discussion allowed, unless,
142-22 in case of imperative public necessity (which necessity shall be
142-23 stated in the preamble or in the body of the bill), this provision
142-24 is suspended by a vote of four-fifths of the members present and
142-25 voting, a quorum being present. The yeas and nays shall be taken
142-26 on the question of suspension and entered in the journal.
142-27 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
143-1 consideration of any bill or resolution, the house may, by a
143-2 majority vote, order the bill or resolution to be considered
143-3 section by section, or department by department, until each section
143-4 or department has been given separate consideration. If such a
143-5 procedure is ordered, only amendments to the section or department
143-6 under consideration at that time shall be in order. However, after
143-7 each section or department has been considered separately, the
143-8 entire bill or resolution shall be open for amendment, subject to
143-9 the provisions of Rule 11, Section 8(b). Once the consideration of
143-10 a bill section by section or department by department has been
143-11 ordered, it shall not be in order to move the previous question on
143-12 the entire bill, to recommit it, to lay it on the table, or to
143-13 postpone it, until each section or department has been given
143-14 separate consideration or until the vote by which section by
143-15 section consideration was ordered is reconsidered.
143-16 (b) A motion to consider a bill section by section is
143-17 debatable within narrow limits; that is, the pros and cons of the
143-18 proposed consideration can be debated but not the merits of the
143-19 bill.
143-20 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
143-21 bill or complete committee substitute for a bill has been taken up
143-22 and read, amendments shall be in order. If no amendment is made,
143-23 or if those proposed are disposed of, then the final question on
143-24 its second reading shall be, in the case of a house bill, whether
143-25 it shall be passed to engrossment, or, in the case of a senate
143-26 bill, whether it shall pass to its third reading. All bills
143-27 ordered passed to engrossment or passed to a third reading shall
144-1 remain on the calendar on which placed, but with future priority
144-2 over bills on the same calendar that have not passed second
144-3 reading.
144-4 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
144-5 shall certify the final passage of each bill, noting on the bill
144-6 the date of its passage, and the vote by which it passed, if by a
144-7 yea and nay vote.
144-8 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
144-9 resolution to recall a bill from the senate shall be in order if a
144-10 motion to reconsider the vote by which the bill finally passed has
144-11 been made and adopted within the time prescribed by the rules.
144-12 Sec. 20. EFFECTIVE DATE. Every law passed by the
144-13 legislature, except the General Appropriations Act, shall take
144-14 effect or go into force 90 days after the adjournment of the
144-15 session at which it was enacted. In case of an emergency, which
144-16 must be expressed in a preamble or in the body of the act, the
144-17 legislature may, by a vote of two-thirds of all the members elected
144-18 to each house, provide otherwise. The vote shall be taken by yeas
144-19 and nays and entered in the journals.
144-20 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
144-21 After a bill or resolution has been considered and defeated by
144-22 either house of the legislature, no bill or resolution containing
144-23 the same substance shall be passed into law during the same
144-24 session.
144-25 Sec. 22. CONSIDERATION OF BILLS INVOLVING STATE FUNDS.
144-26 (a) In order to assure the continuation of financial support of
144-27 existing state services through the passage of the general
145-1 appropriations bill, it shall not be in order during the first 120
145-2 days of the regular session for the speaker to lay before the
145-3 house, prior to the consideration, passage, and certification by
145-4 the comptroller of the general appropriations bill, any bill that
145-5 directly or indirectly prevents from being available for purposes
145-6 of funding state government generally any money that under existing
145-7 law would otherwise be available for that purpose, including a bill
145-8 that transfers or diverts money in the state treasury from the
145-9 general revenue fund to another fund.
145-10 (b) In order to assure compliance with the limitation on
145-11 appropriations of state tax revenue not dedicated by the
145-12 constitution as provided by Article VIII, Section 22, of the Texas
145-13 Constitution, it is not in order for the speaker to lay before the
145-14 house, prior to the time that the general appropriations bill has
145-15 been finally passed and sent to the comptroller, any bill that
145-16 appropriates funds from the state treasury that are not dedicated
145-17 by the constitution.
145-18 (c) When bills subject to the provisions of Subsection (a)
145-19 of this section become eligible for consideration, they shall be
145-20 considered for passage under the rules of the house and the joint
145-21 rules as any other bill but shall not be signed by the speaker as
145-22 required by the Constitution of Texas and the rules of the house
145-23 until the general appropriations bill has been signed by the
145-24 presiding officers of both houses of the legislature and
145-25 transmitted to the comptroller of public accounts for certification
145-26 as required by Article III, Section 49a, of the Constitution of
145-27 Texas.
146-1 (d) All bills subject to the provisions of Subsection (a) of
146-2 this section that have finally passed both houses shall be enrolled
146-3 as required by the rules and transmitted to the speaker. The
146-4 speaker shall note on each bill the date and hour of final
146-5 legislative action and shall withhold his or her signature and any
146-6 further action on all such bills until the general appropriations
146-7 bill has been signed by the presiding officers of both houses and
146-8 transmitted to the comptroller of public accounts for
146-9 certification. Immediately thereafter, the speaker shall sign in
146-10 the presence of the house all bills on which further action was
146-11 being withheld because the bills were subject to the provisions of
146-12 this section. After being signed by the speaker, the bills shall
146-13 then be transmitted to the comptroller of public accounts for
146-14 certification or to the governor, as the case may be, in the order
146-15 in which final legislative action was taken. "Final legislative
146-16 action," as that term is used in this subsection, shall mean the
146-17 last act of either house meeting in general session necessary to
146-18 place the bill in its final form preparatory to enrollment.
146-19 (e) Subsections (a)-(d) of this section shall not apply to
146-20 any bills providing for:
146-21 (1) the payment of expenses of the legislature;
146-22 (2) the payment of judgments against the state;
146-23 (3) any emergency matter when requested by the
146-24 governor in a formal message to the legislature; or
146-25 (4) the reduction of taxes.
146-26 (f) Unless within the authority of a resolution or
146-27 resolutions adopted pursuant to Article VIII, Section 22(b), of the
147-1 Texas Constitution, it is not in order for the house to consider
147-2 for final passage on third reading, on motion to concur in senate
147-3 amendments, or on motion to adopt a conference committee report, a
147-4 bill appropriating funds from the state treasury in an amount that,
147-5 when added to amounts previously appropriated by bills finally
147-6 passed and sent or due to be sent to the comptroller, would exceed
147-7 the limit on appropriations established under Chapter 316,
147-8 Government Code.
147-9 (g) The general appropriations bill shall be reported to the
147-10 house by the Committee on Appropriations not later than the 90th
147-11 calendar day of the regular session. Should the Committee on
147-12 Appropriations fail to report by the deadline, Subsections (a)-(d)
147-13 of this section shall be suspended for the balance of that regular
147-14 session.
147-15 RULE 9. JOINT RESOLUTIONS
147-16 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
147-17 proposed amendment to the Texas Constitution shall take the form of
147-18 a joint resolution, which shall be subject to the rules that govern
147-19 the proceedings on bills, except as provided by this section.
147-20 (b) A joint resolution is not subject to the provisions of
147-21 Rule 8, Section 3, or Rule 11, Section 3.
147-22 (c) A joint resolution shall be adopted on any reading
147-23 after the first if it receives a two-thirds vote of the elected
147-24 membership of the house. If such a joint resolution receives only
147-25 a majority vote on second reading, it shall be passed to
147-26 engrossment, and subsequent proceedings shall be the same as those
147-27 governing the final passage of bills which have been passed to
148-1 engrossment. If such a joint resolution does not receive a
148-2 two-thirds vote of the elected membership of the house on third
148-3 reading and final passage, it shall fail of adoption.
148-4 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
148-5 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
148-6 proposed amendment to or application to Congress for a convention
148-7 to amend the Constitution of the United States shall take the form
148-8 of a joint resolution, which shall be subject to the rules that
148-9 govern the proceedings on bills, except that it shall be adopted on
148-10 second reading if it receives a majority vote of the members
148-11 present and voting, a quorum being present. If such a joint
148-12 resolution fails to receive a majority vote, it shall fail of
148-13 adoption and shall not be considered again unless revived by a
148-14 motion to reconsider as otherwise provided in the rules.
148-15 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR.
148-16 Joint resolutions on committee report shall be referred to the
148-17 Committee on Calendars for placement on an appropriate calendar.
148-18 The Committee on Calendars shall maintain a separate calendar for
148-19 house joint resolutions and a separate calendar for senate joint
148-20 resolutions. Senate joint resolutions shall be considered on
148-21 calendar Wednesdays and calendar Thursdays along with senate bills.
148-22 RULE 10. HOUSE RESOLUTIONS AND<,> CONCURRENT
148-23 RESOLUTIONS<, AND MOTIONS>
148-24 Sec. 1. FILING. Resolutions shall be introduced by the
148-25 filing of 12 identical copies with the chief clerk, who shall
148-26 number and record house resolutions in one series and concurrent
148-27 resolutions in a separate series.
149-1 <Sec. 2. CONGRATULATORY AND MEMORIAL RESOLUTIONS.
149-2 Congratulatory and memorial resolutions shall be limited to those
149-3 for current and former public officials and those commemorating
149-4 events of national or statewide significance.>
149-5 Sec. 2 <3>. REFERRAL TO COMMITTEE. (a) After numbering
149-6 and recording, all resolutions shall be sent to the speaker for
149-7 referral to the proper committee.
149-8 (b) Resolutions proposing the expenditure of money out of
149-9 the contingent expense fund of the legislature shall be referred to
149-10 the Committee on House Administration.
149-11 (c) All other resolutions shall be referred to the
149-12 appropriate committee with jurisdiction.
149-13 Sec. 3 <4>. REFERRAL TO CALENDARS COMMITTEES. All
149-14 resolutions on committee report, other than privileged resolutions,
149-15 shall be referred immediately to the appropriate calendars
149-16 committee for placement on the appropriate calendar.
149-17 Sec. 4 <5>. ORDER OF CONSIDERATION. Unless privileged,
149-18 resolutions shall be considered by the house only at the time
149-19 assigned for their consideration on the calendar, in accordance
149-20 with the provisions of Rule 6, Section 7.
149-21 Sec. 5 <6>. SIGNING BY GOVERNOR. Concurrent resolutions
149-22 shall take the same course as house resolutions, except that they
149-23 shall be sent to the governor for signing when finally passed by
149-24 both houses.
149-25 Sec. 6 <7>. MASCOT RESOLUTIONS. (a) All candidates for the
149-26 office of mascot shall be named in and elected by a single house
149-27 resolution.
150-1 (b) Only children of house members who are under the age of
150-2 12 years shall be eligible for election to the honorary office of
150-3 mascot. A child once named a mascot shall not be eligible for the
150-4 honor a second time.
150-5 (c) No separate classification or special title shall be
150-6 given to any mascot, but all shall receive the same title of
150-7 honorary mascot of the house of representatives.
150-8 (d) The speaker shall issue a certificate showing the
150-9 election of each mascot and deliver it to the parent member of the
150-10 child.
150-11 Pictures of mascots shall appear on the panel picture of the
150-12 house.
150-13 Sec. 7 <8>. CONSIDERATION OF RESOLUTIONS DURING CALLED
150-14 SESSIONS. The subject matter of house resolutions and concurrent
150-15 resolutions does not have to be submitted by the governor in a
150-16 called session before they can be considered.
150-17 <Sec. 9. MOTIONS. There shall be motions to congratulate
150-18 and to memorialize. The motions shall be in writing on forms
150-19 approved by the Committee on House Administration and filed with
150-20 and numbered by the chief clerk. After numbering, the chief clerk
150-21 shall transmit the motions to the Committee on Rules and
150-22 Resolutions. All such motions shall be screened by the Committee
150-23 on Rules and Resolutions to determine their appropriateness for
150-24 placement on the motions calendar of the congratulatory and
150-25 memorial calendar for floor consideration. After adoption by the
150-26 house, the evidence of such action shall be prepared for the
150-27 signatures of the speaker and chief clerk, who shall affix the seal
151-1 of the house, on forms approved and provided by the Committee on
151-2 House Administration.>
151-3 RULE 11. AMENDMENTS
151-4 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
151-5 resolution, motion, or proposition is under consideration, a motion
151-6 to amend and a motion to amend that amendment shall be in order.
151-7 It shall also be in order to offer a further amendment by way of a
151-8 substitute. Such a substitute may not be amended. If the
151-9 substitute is adopted, the question shall then be on the amendment
151-10 as substituted, and under this condition an amendment is not in
151-11 order.
151-12 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
151-13 AMENDMENTS. No motion or proposition on a subject different from
151-14 the subject under consideration shall be admitted as an amendment
151-15 or as a substitute for the motion or proposition under debate.
151-16 "Proposition" as used in this section shall include a bill,
151-17 resolution, joint resolution, or any other motion which is
151-18 amendable.
151-19 Amendments pertaining to the organization, powers,
151-20 regulation, and management of the agency, commission, or advisory
151-21 committee under consideration are germane to bills extending state
151-22 agencies, commissions, or advisory committees under the provisions
151-23 of the Texas Sunset Act (Chapter 325, Government Code).
151-24 An amendment to a committee substitute laid before the house
151-25 in lieu of an original bill is germane if each subject of the
151-26 amendment is a subject that is included in the committee substitute
151-27 or was included in the original bill.
152-1 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
152-2 bill shall be amended in its passage through either house so as to
152-3 change its original purpose.
152-4 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
152-5 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
152-6 resolution shall not be in order during its consideration on a
152-7 local, consent, or resolutions calendar set by the Committee on
152-8 Local and Consent Calendars, unless the amendments have first been
152-9 submitted to and approved by the Committee on Local and Consent
152-10 Calendars, which shall be noted thereon by the chair of the
152-11 Committee on Local and Consent Calendars prior to the offering of
152-12 the amendments.
152-13 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
152-14 taken up on its third reading, amendments shall be in order, but
152-15 shall require a two-thirds vote of the members present for their
152-16 adoption. A bill on third reading may be recommitted to a
152-17 committee and later reported to the house with amendments, in which
152-18 case the bill shall again take the course of a bill at its second
152-19 reading.
152-20 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
152-21 amendment shall be filed with the speaker. When the amendment is
152-22 read, two copies shall go to the chief clerk, one copy to the
152-23 journal clerk, one copy to the reading clerk, and one copy to the
152-24 speaker. No amendment offered from the floor shall be in order
152-25 unless the sponsoring member has complied with the provisions of
152-26 this section with respect to copies of the amendment.
152-27 (b) Prior to the time that an amendment is offered, if the
153-1 amendment exceeds one page in length, the sponsoring member must
153-2 provide to the chief clerk a minimum of 15 copies to be available
153-3 for distribution to those members requesting copies of the
153-4 amendment.
153-5 (c) If the amendment is only one page in length or less, the
153-6 sponsoring member must provide one additional copy of the amendment
153-7 to the chief clerk, who shall immediately proceed to have
153-8 additional copies made and available for those members requesting
153-9 copies of the amendment.
153-10 (d) The provisions of this section with respect to extra
153-11 copies shall not apply to committee amendments or to amendments
153-12 which do nothing more than delete material from the bill or
153-13 resolution.
153-14 (e) The speaker shall not recognize a member to offer an
153-15 original amendment that exceeds one page in length and that is in
153-16 the form of a complete substitute for the bill or resolution laid
153-17 before the house, or in the opinion of the speaker is a substantial
153-18 substitute, unless 25 copies of the amendment have been provided to
153-19 the chief clerk and were <have been> available in the chief clerk's
153-20 office <for> at least 12 hours prior to the time the calendar on
153-21 which the bill or resolution to be amended is eligible for
153-22 consideration. The chief clerk shall not be required to retain,
153-23 for possible consideration in the future, copies of an amendment to
153-24 a measure that is recommitted or returned to committee.
153-25 (f) An amendment may be typed, hand-printed, or handwritten,
153-26 but must be legible in order to be offered.
153-27 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
154-1 motions to amend shall be offered in the following order:
154-2 (1) motions to amend by striking out the enacting
154-3 clause of a bill (or the resolving clause of a resolution), which
154-4 amendment cannot be amended or substituted;
154-5 (2) motions to amend an original bill, resolution,
154-6 motion, or proposition (other than substitute bills as provided for
154-7 in Subdivision (3) below), which shall have precedence as follows:
154-8 (A) original amendment;
154-9 (B) amendment to the amendment;
154-10 (C) substitute for the amendment to the
154-11 amendment.
154-12 Recognition for the offering of original amendments shall be
154-13 as follows: first, the main author; second, the member or members
154-14 offering the committee amendment; and third, members offering other
154-15 amendments from the floor;
154-16 (3) motions to amend an original bill by striking out
154-17 all after the enacting clause (substitute bills), which substitute
154-18 bills shall be subject to amendment as follows:
154-19 (A) amendment to the substitute bill;
154-20 (B) substitute for the amendment to the
154-21 substitute bill.
154-22 Recognition for offering such substitute bills shall be as
154-23 follows: first, the main author of the original bill, if the
154-24 member has not sought to perfect the bill by amendments as provided
154-25 for in Subdivision (2) above; second, the member or members
154-26 offering the committee amendment; and, third, members offering
154-27 amendments from the floor.
155-1 It shall be in order under the procedure described in this
155-2 subdivision to have as many as four complete measures pending
155-3 before the house at one time; that is, an original bill, an
155-4 amendment striking out all after the enacting clause of the bill
155-5 and inserting a new bill body, an amendment to the amendment
155-6 striking out all after the enacting clause of the bill and
155-7 inserting a new bill body, and a substitute for this amendment to
155-8 the amendment to the original bill which is also a new bill body.
155-9 These "substitute bills" shall be voted on in the reverse order of
155-10 their offering;
155-11 (4) motions to amend the caption of a bill or joint
155-12 resolution, which may also be offered in accordance with Section
155-13 9(a) of this rule.
155-14 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
155-15 out and to insert new matter in lieu of that to be stricken out
155-16 shall be regarded as a substitute and shall be indivisible.
155-17 (b) Matter inserted or stricken out of an original bill by
155-18 way of amendment may not be taken out or reinserted at a later time
155-19 on the same reading except under the following conditions:
155-20 (1) reconsideration of the inserting or deleting
155-21 amendment;
155-22 (2) adoption of a "substitute bill" amendment;
155-23 (3) adoption of an amendment for a whole paragraph,
155-24 section or subdivision of a bill which so materially changes the
155-25 original text that the portion inserted or deleted is in fact of
155-26 minor importance.
155-27 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
156-1 of a bill or resolution shall not be in order until all other
156-2 proposed amendments have been acted on and the house is ready to
156-3 vote on the passage of the measure, and it shall then be decided
156-4 without debate.
156-5 (b) If the previous question has been ordered on a bill or
156-6 joint resolution at any reading, an amendment to the caption of
156-7 that bill or joint resolution may be offered and voted on
156-8 immediately preceding the final vote on the bill or joint
156-9 resolution.
156-10 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
156-11 amendments shall be admitted only when seconded by 25 members. The
156-12 motion may take either of two forms:
156-13 (1) to limit amendments to those pending before the
156-14 house; or
156-15 (2) to limit amendments to those pending on the
156-16 speaker's desk.
156-17 (b) The motion shall be put by the chair in this manner:
156-18 "The motion has been seconded. Three minutes pro and con debate
156-19 will be allowed on the motion to limit amendments." As soon as the
156-20 debate has ended, the chair shall continue: "As many as are in
156-21 favor of limiting amendments on (here state on which question or
156-22 questions) will say 'Aye,'" and then "As many as are opposed say
156-23 'Nay.'" As in all other propositions, a motion to limit amendments
156-24 shall be decided by a record vote if demanded by three members. If
156-25 ordered by a majority of the members voting, a quorum being
156-26 present, the motion shall have the effect of confining further
156-27 debate and consideration to those amendments included within the
157-1 motion, and thereafter the chair will accept no more amendments to
157-2 the proposition to which the motion is applied.
157-3 (c) The motion to limit amendments, if adopted, shall not in
157-4 any way cut off or limit debate or other parliamentary maneuvers on
157-5 the pending proposition or propositions or amendment or amendments
157-6 included within the motion. The sole function of the motion is to
157-7 prevent the chair from accepting further amendments to the
157-8 proposition to which the motion is applied.
157-9 (d) Except as otherwise provided, the motion to limit
157-10 amendments shall have no effect on the parliamentary situation to
157-11 which the motion is applied, and the matter to which the motion is
157-12 applied shall continue to be considered by the house in all other
157-13 respects as though the motion had not been made.
157-14 (e) The amendments that are included within the motion to
157-15 limit amendments shall each be subject to amendment, if otherwise
157-16 permitted under the rules.
157-17 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
157-18 motion to limit amendments is not subject to a motion to table.
157-19 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
157-20 is offered, followed by an amendment to that amendment, and then a
157-21 substitute for the amendment to the amendment, these questions
157-22 shall be voted on in the reverse order of their offering.
157-23 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
157-24 amendment is adopted, such action shall be certified by the chief
157-25 clerk on the amendment, and the official copy of the amendment
157-26 shall then be securely attached to the bill or resolution which it
157-27 amends.
158-1 RULE 12. PRINTING
158-2 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
158-3 Except as otherwise provided in this rule, all bills and joint
158-4 resolutions shall be printed and a copy provided to each member at
158-5 each of the following stages in the parliamentary progress of the
158-6 bill or joint resolution:
158-7 (1) at the time of the committee report on the bill or
158-8 joint resolution, which shall be known as "First Printing" and
158-9 which shall consist of:
158-10 (A) a complete text of the bill or joint
158-11 resolution as reported from committee;
158-12 (B) a complete copy of the committee bill
158-13 analysis and a complete copy of the summary of committee action;
158-14 (C) the text of the committee report;
158-15 (D) the record vote by which the measure was
158-16 reported from committee, including the vote of individual members;
158-17 (E) a copy of the latest fiscal note <or fiscal
158-18 statement prepared by the author>; and
158-19 (F) a copy of each impact statement received by
158-20 the committee; <the latest actuarial impact statement;>
158-21 <(G) a copy of the latest criminal justice
158-22 policy impact statement;>
158-23 <(H) a copy of the latest equalized education
158-24 funding impact statement; and>
158-25 <(I) a copy of the latest water development
158-26 policy impact statement;>
158-27 (2) at the time the bill or joint resolution, if
159-1 amended, finally passes the senate, senate amendments and house
159-2 engrossment text will be printed, which shall be known as "Second
159-3 Printing"; and
159-4 (3) at the time the conference committee, if any,
159-5 makes its report on the bill or joint resolution, which shall be
159-6 known as "Third Printing."
159-7 (b) In any section of the first printing of a bill or joint
159-8 resolution that proposes to amend an existing statute or
159-9 constitutional provision, language sought to be deleted must be
159-10 bracketed and stricken through, and language sought to be added
159-11 must be underlined. This requirement does not apply to:
159-12 (1) an appropriations bill;
159-13 (2) a local bill;
159-14 (3) a game bill;
159-15 (4) a recodification bill;
159-16 (5) a redistricting bill;
159-17 (6) a section of a bill or joint resolution not
159-18 purporting to amend an existing statute or constitutional
159-19 provision;
159-20 (7) a section of a bill or joint resolution that
159-21 revises the entire text of an existing statute or constitutional
159-22 provision, to the extent that it would confuse rather than clarify
159-23 to show deletions and additions; and
159-24 (8) a section of a bill or joint resolution providing
159-25 for severability, nonseverability, emergency, or repeal of an
159-26 existing statute or constitutional provision.
159-27 (c) The speaker may overrule a point of order raised as to a
160-1 violation of Subsection (b) of this section if the violation is
160-2 typographical or minor and does not tend to deceive or mislead.
160-3 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
160-4 after the first printing except when ordered printed by a majority
160-5 vote of the house.
160-6 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
160-7 shall be printed only if the resolution:
160-8 (1) grants permission to sue the state;
160-9 (2) memorializes Congress to take or to refrain from
160-10 taking certain action;
160-11 (3) sets legislative policy or declares legislative
160-12 intent;
160-13 (4) makes corrective changes in any bill, joint
160-14 resolution, or conference committee report;
160-15 (5) establishes or interprets policy for a state
160-16 agency, department, or political subdivision;
160-17 (6) establishes, modifies, or changes internal
160-18 procedures or administration of the legislature or any component
160-19 part thereof;
160-20 (7) proposes an amendment to the Joint Rules of the
160-21 Senate and the House of Representatives; or
160-22 (8) is ordered printed by a majority vote of the
160-23 house.
160-24 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
160-25 printed only if the resolution:
160-26 (1) proposes an amendment to the rules of the house;
160-27 (2) establishes, modifies, or changes the internal
161-1 procedures and administration of the house;
161-2 (3) establishes legislative policy or interprets
161-3 legislative intent; or
161-4 (4) is ordered printed by a majority of the house.
161-5 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
161-6 REQUIREMENTS. Except for matter to be printed in the journal, all
161-7 requirements contained in the rules with respect to the printing of
161-8 bills, resolutions, reports, and other matters shall be considered
161-9 complied with if the material is adequately and properly reproduced
161-10 by any acceptable means of reproduction.
161-11 RULE 13. INTERACTIONS WITH THE GOVERNOR
161-12 AND SENATE
161-13 CHAPTER A. MESSAGES
161-14 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
161-15 communications from the governor shall be received when announced,
161-16 and shall be read on the calendar day received.
161-17 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
161-18 the senate shall be received when announced. Senate bills
161-19 announced as passed shall be read for the first time and referred
161-20 to the appropriate committee as soon as practicable.
161-21 (b) Messages from the senate announcing amendments to house
161-22 bills and resolutions, nonconcurrence in house amendments to senate
161-23 bills and resolutions, requests for conference committees, reports
161-24 of conference committees, and all other matters of disagreement,
161-25 amendments, and requests between the two houses, shall go to the
161-26 speaker's desk in their regular order, but may be called up for
161-27 action by the house at any time as a privileged matter, yielding
162-1 only to a motion to adjourn.
162-2 CHAPTER B. SENATE AMENDMENTS
162-3 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
162-4 resolution, or other matter is returned to the house with senate
162-5 amendments, the house may:
162-6 (1) agree to the amendments; or
162-7 (2) disagree to all of the amendments and ask for a
162-8 conference committee; or
162-9 (3) agree to one or more of the amendments and
162-10 disagree as to the remainder and request a conference committee to
162-11 consider those in disagreement; or
162-12 (4) agree to one or more and disagree as to the
162-13 remainder; or
162-14 (5) disagree to all amendments.
162-15 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
162-16 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
162-17 amendments thereto must be adopted by a vote of two-thirds of the
162-18 elected membership of the house.
162-19 Sec. 5. PRINTING SENATE AMENDMENTS. Senate amendments to
162-20 house bills and resolutions must be printed and copies provided to
162-21 the members at least 24 hours before any action can be taken
162-22 thereon by the house during a regular or special session.
162-23 CHAPTER C. CONFERENCE COMMITTEES
162-24 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
162-25 between the senate and the house by committee, the number of
162-26 committee members from each house shall be five. All votes on
162-27 matters of difference shall be taken by each committee separately.
163-1 A majority of each committee shall be required to determine the
163-2 matter in dispute. Reports by conference committees must be signed
163-3 by a majority of each committee of the conference.
163-4 Sec. 7. MEETINGS. House conferees when meeting with senate
163-5 conferees to adjust differences shall meet in public and shall give
163-6 a reasonable amount of notice of the meeting in the place
163-7 designated for giving notice of meetings of house standing
163-8 committees. Any such meeting shall be open to the news media. Any
163-9 conference committee report adopted in private shall not be
163-10 considered by the house.
163-11 Sec. 8. INSTRUCTIONS. Instructions to a conference
163-12 committee shall be made after the conference is ordered and before
163-13 the conferees are appointed by the speaker, and not thereafter.
163-14 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
163-15 committees shall limit their discussions and their actions solely
163-16 to the matters in disagreement between the two houses. A
163-17 conference committee shall have no authority with respect to any
163-18 bill or resolution:
163-19 (1) to change, alter, or amend text which is not in
163-20 disagreement;
163-21 (2) to omit text which is not in disagreement;
163-22 (3) to add text on any matter which is not in
163-23 disagreement;
163-24 (4) to add text on any matter which is not included in
163-25 either the house or senate version of the bill or resolution.
163-26 This rule shall be strictly construed by the presiding
163-27 officer in each house to achieve these purposes.
164-1 (b) Conference committees on appropriations bills, like
164-2 other conference committees, shall limit their discussions and
164-3 their actions solely to the matters in disagreement between the two
164-4 houses. In addition to the limitations contained elsewhere in the
164-5 rules, a conference committee on appropriations bills shall be
164-6 strictly limited in its authority as follows:
164-7 (1) If an item of appropriation appears in both house
164-8 and senate versions of the bill, the item must be included in the
164-9 conference committee report.
164-10 (2) If an item of appropriation appears in both house
164-11 and senate versions of the bill, and in identical amounts, no
164-12 change can be made in the item or the amount.
164-13 (3) If an item of appropriation appears in both house
164-14 and senate versions of the bill but in different amounts, no change
164-15 can be made in the item, but the amount shall be at the discretion
164-16 of the conference committee, provided that the amount shall not
164-17 exceed the larger version and shall not be less than the smaller
164-18 version.
164-19 (4) If an item of appropriation appears in one version
164-20 of the bill and not in the other, the item can be included or
164-21 omitted at the discretion of the conference committee. If the item
164-22 is included, the amount shall not exceed the sum specified in the
164-23 version containing the item.
164-24 (5) If an item of appropriation appears in neither the
164-25 house nor the senate version of the bill, the item must not be
164-26 included in the conference committee report. However, the
164-27 conference committee report may include appropriations for purposes
165-1 or programs authorized by bills that have been passed and sent to
165-2 the governor and may include contingent appropriations for purposes
165-3 or programs authorized by bills that have been passed by at least
165-4 one house.
165-5 This rule shall be strictly construed by the presiding
165-6 officer in each house to achieve these purposes.
165-7 (c) Conference committees on tax bills, like other
165-8 conference committees, shall limit their discussions and their
165-9 actions solely to the matters in disagreement between the two
165-10 houses. In addition to the limitations contained elsewhere in the
165-11 rules, a conference committee on a tax bill shall be strictly
165-12 limited in its authority as follows:
165-13 (1) If a tax item appears in both house and senate
165-14 versions of the bill, the item must be included in the conference
165-15 committee report.
165-16 (2) If a tax item appears in both house and senate
165-17 versions of the bill, and in identical form and with identical
165-18 rates, no change can be made in the item or the rate provided.
165-19 (3) If a tax item appears in both house and senate
165-20 versions of the bill but at differing rates, no change can be made
165-21 in the item, but the rate shall be at the discretion of the
165-22 conference committee, provided that the rate shall not exceed the
165-23 higher version and shall not be less than the lower version.
165-24 (4) If a tax item appears in one version of the bill
165-25 and not in the other, the item can be included or omitted at the
165-26 discretion of the conference committee. If the item is included,
165-27 the rate shall not exceed the rate specified in the version
166-1 containing the item.
166-2 (5) If a tax item appears in neither the house nor the
166-3 senate version of the bill, the item must not be included in the
166-4 conference committee report.
166-5 This rule shall be strictly construed by the presiding
166-6 officer in each house to achieve these purposes.
166-7 (d) Conference committees on reapportionment bills, to the
166-8 extent possible, shall limit their discussions and their actions to
166-9 the matters in disagreement between the two houses. Since the
166-10 adjustment of one district in a reapportionment bill will
166-11 inevitably affect other districts, the strict rule of construction
166-12 imposed on other conference committees must be relaxed somewhat
166-13 when reapportionment bills are involved. Accordingly, the
166-14 following authority and limitations shall apply only to conference
166-15 committees on reapportionment bills:
166-16 (1) If the matters in disagreement affect only certain
166-17 districts, and other districts are identical in both house and
166-18 senate versions of the bill, the conference committee shall make
166-19 adjustments only in those districts whose rearrangement is
166-20 essential to the effective resolving of the matters in
166-21 disagreement. All other districts shall remain unchanged.
166-22 (2) If the matters in disagreement permeate the entire
166-23 bill and affect most, if not all, of the districts, the conference
166-24 committee shall have wide discretion in rearranging the districts
166-25 to the extent necessary to resolve all differences between the two
166-26 houses.
166-27 (3) Insofar as the actual structure of the districts
167-1 is concerned, and only to that extent, the provisions of Subsection
167-2 (a) of this section shall not apply to conference committees on
167-3 reapportionment bills.
167-4 (e) Conference committees on recodification bills, like
167-5 other conference committees, shall limit their discussions and
167-6 their actions solely to the matters in disagreement between the two
167-7 houses. The comprehensive and complicated nature of recodification
167-8 bills makes necessary the relaxing of the strict rule of
167-9 construction imposed on other conference committees only to the
167-10 following extent:
167-11 (1) If it develops in conference committee that
167-12 material has been inadvertently included in both house and senate
167-13 versions which properly has no place in the recodification, that
167-14 material may be omitted from the conference committee report, if by
167-15 that omission the existing statute is not repealed, altered, or
167-16 amended.
167-17 (2) If it develops in conference committee that
167-18 material has been inadvertently omitted from both the house and
167-19 senate versions which properly should be included if the
167-20 recodification is to achieve its purpose of being all-inclusive of
167-21 the statutes being recodified, that material may be added to the
167-22 conference committee report, if by the addition the existing
167-23 statute is merely restated without substantive change in existing
167-24 law.
167-25 (f) Limitations imposed on certain conference committees by
167-26 the provisions of this section may be suspended in part by
167-27 permission of the house to allow consideration of and action on a
168-1 specific matter or matters which otherwise would be prohibited.
168-2 Permission shall be granted only by resolution passed by majority
168-3 vote of the house. All such resolutions shall be privileged in
168-4 nature and need not be referred to a committee. The introduction
168-5 of such a resolution shall be announced from the house floor and
168-6 the resolution shall be eligible for consideration by the house one
168-7 hour after a copy of the resolution has been distributed to each
168-8 member. The time at which the copies of such a resolution are
168-9 distributed to the members shall be time-stamped on the originals
168-10 of the resolution. The resolution shall specify in detail:
168-11 (1) the exact nature of the matter or matters proposed
168-12 to be considered;
168-13 (2) the specific limitation or limitations to be
168-14 suspended;
168-15 (3) the specific action contemplated by the conference
168-16 committee; and
168-17 (4) the reasons that suspension of the limitations is
168-18 being requested.
168-19 In the application of this subsection to appropriations
168-20 bills, the resolution shall include a general statement outlining a
168-21 proposed salary plan but need not include changes in amounts
168-22 resulting from the salary plan and differences in language which do
168-23 not affect the substance of the bill.
168-24 Permission thus granted shall suspend the limitations only
168-25 for the matter or matters clearly specified in the resolution, and
168-26 the action of the conference committee shall be in conformity with
168-27 the resolution.
169-1 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
169-2 conference committee reports must be printed and a copy furnished
169-3 to each member at least 24 hours before action can be taken on the
169-4 report by the house during a regular or special session.
169-5 (b) Three original copies of a conference committee report
169-6 shall be submitted to the chief clerk for printing. Each original
169-7 conference committee report shall contain the following:
169-8 (1) the signatures of the house conferees and senate
169-9 conferees who voted to adopt the conference committee report;
169-10 (2) the text of the bill or resolution as adopted by
169-11 the conference committee; and
169-12 (3) an analysis of the conference committee report as
169-13 required by Section 11 of this rule.
169-14 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
169-15 committees shall include an analysis showing wherein the report
169-16 differs from the house and senate versions of the bill, resolution,
169-17 or other matter in disagreement. The analysis of appropriations
169-18 bills shall show in dollar amounts the differences between the
169-19 conference committee report and the house and senate versions. No
169-20 conference committee report shall be considered by the house unless
169-21 such an analysis has been prepared and distributed to each
169-22 member.
169-23 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
169-24 report is not subject to amendment, but must be accepted or
169-25 rejected in its entirety. While a conference committee report is
169-26 pending, a motion to deal with individual amendments in
169-27 disagreement is not in order.
170-1 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
170-2 committee report is not acceptable to the house for any reason, it
170-3 may be recommitted to the same committee with the request for
170-4 further consideration, and the house may or may not give any
170-5 specific instructions on the report to the conference committee; or
170-6 the house may request the appointment by the senate of a new
170-7 conference committee and then proceed to empower the speaker to
170-8 name new conferees for the house.
170-9 RULE 14. GENERAL PROVISIONS
170-10 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
170-11 inexplicit on any question of order or parliamentary practice, the
170-12 Rules of the House of Representatives of the United States
170-13 Congress, and its practice as reflected in Hind's and Cannon's
170-14 Precedents, and Mason's Manual of Legislative Procedure shall be
170-15 considered as authority.
170-16 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
170-17 rules of the house shall be proposed by house resolutions which
170-18 shall be referred at once, without debate, to the Committee on
170-19 Rules and Resolutions for study and recommendation.
170-20 (b) A resolution proposing an amendment to the rules shall
170-21 not be considered by the house until a printed copy of the
170-22 resolution has been provided to each member of the house at least
170-23 48 hours before consideration.
170-24 (c) Amendments to the rules shall require a majority vote of
170-25 the house for adoption.
170-26 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
170-27 the rules shall be in order at any time, except when motions to
171-1 adjourn or recess are pending, even when the house is operating
171-2 under the previous question. A motion to "suspend all rules" shall
171-3 be sufficient to suspend every rule under which the house is
171-4 operating for a particular purpose except the provisions of the
171-5 constitution, the statutes, and the joint rules of the two houses.
171-6 If the rules have been suspended on a main motion for a given
171-7 purpose, no other motion to suspend the rules on a main motion
171-8 shall be in order until the original purpose has been accomplished.
171-9 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
171-10 shall not be in order to move to suspend the rules or the regular
171-11 order of business to take up a measure out of its regular order,
171-12 and the speaker shall not recognize anyone for either purpose,
171-13 unless the speaker has announced to the house in session that the
171-14 speaker would recognize a member for that purpose at least one hour
171-15 before the member is so recognized to make the motion. In making
171-16 the announcement to the house, the speaker shall advise the house
171-17 of the member's name and the bill number, and this information,
171-18 together with the time that the announcement was made, shall be
171-19 entered in the journal. This rule may be suspended only by
171-20 unanimous consent.
171-21 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
171-22 of the house may be suspended by an affirmative vote of two-thirds
171-23 of the members present. However, if a rule contains a specific
171-24 provision showing the vote by which that rule may be suspended,
171-25 that vote shall be required for the suspension of the rule. The
171-26 specific provision may not be suspended under the provisions of
171-27 this section.
172-1 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
172-2 measure taken up under suspension and not disposed of on the same
172-3 day shall go over as pending or unfinished business to the next day
172-4 that the house is in session, and shall be considered thereafter
172-5 from day to day (except the days used for the consideration of
172-6 senate bills) until disposed of.